HomeMy WebLinkAbout2013-01-10 Airport Commission Packet1 }
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a. Discussion/Recommendation— Airport Regulations
b. Discussion /Recommendation — Kenai Municipal Airport Directory
a. Discussion — Kenai Municipal Airport Development Strategies
b. Discussion — Kenai Peninsula Air Fair Sponsorship Opportunities
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a. Airport Manager
b. Commission Chair
c. City Council Liaison
r • • • •
MINEEtIA • • • • : •
a. November 2012 Enplanements
b. December 2012 Airport Manager's Report
C. FAA Memorandum — Runway Incursions
d. Lease Amendments Memo from Assistant to City Manager
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CONTACT PLEASE • NOT •
ATTEND THE MEETING:
COREY OR MARY -- 283-7951
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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: Chair H. Knackstedt, J. Zirul, G. Feeken, K. Roser, A. McClure,
L.Porter
Commissioners absent: J. Bielefeld
Staff /Council Liaison present: Airport Manager M. Bondurant, Assistant E. Shinn, Council Member
B. Gabriel
A quorum was present.
2. AGENDA APPROVAL
MOTION:
Commissioner Feeken MOVED to approve the agenda as presented and Commissioner Porter
SECONDED the motion. There were no objections. SO ORDERED.
3. APPROVAL OF MEETING SUMMARY— October 11, 2012
MOTION:
Commissioner McClure MOVED to approve the meeting summary of October 11 and Commissioner
Porter SECONDED the motion. There were no objections. SO ORDERED.
4. PERSONS SCHEDULED TO BE HEARD
a. Rick Koch — Development Strategies on Airport Lands
Koch reported he was working with the KEDS group to review and develop strategies for
development at the Airport and noted he hoped to have something back from the Commission within
six months.
b. Casey Madden, Wince, Corthell & Bryson — Airport Master Plan Phase II
Madden reported on the Master Plan Phase I and the progress of Phase II.
5. UNFINISHED BUSINESS — None.
6. NEW BUSINESS
a. Discussion /Recommendation — Larks Alaska Gifts
Airport Manager Bondurant reported the lease had been approved by Council due to the tenant
wanting to open by December 1, 2012 and noted the lease was for one year.
7. REPORT
a. Commission Chair —No report.
b. Airport Manager — Bondurant reported the following:
• The airport was not entering NTAMS directly into the IJSS NOTAM manages
system as of Monday, December 10.
• Ther was an ordinance in the Council packet to appropriate funds for a
consultant to review and negotiate the renewal of the airline operations
agreement and the terminal building lease which expires May 31, 2012.
• New terminal entrance doors are in and functioning well.
• Awaiting approval from the FAA on the tree removal project.
• Hope to go to bid on the tree removal project in January.
C. City Council Liaison — Council Member Gabriel reviewed the Council meeting of
December 5.
8. NEXT MEETING ATTENDANCE NOTIFICATION — January 10, 2013
No commissioners requested excused absences from the January 10 meeting.
Roser requested TVs be placed in the terminal, noted there were proposed changes in baggage
rules that might suggest having a package courier in the terminal, and; would like the OPS crew to
mark the fence designating the location for deicing.
11. INFORMATION ITEMS
a. Airport Bulletin 08 -2012 — Airport Smoking Policy Change
b. September and October Enplanements
C. October and November Airport Manager's Reports
d. Float Plane Basin Activity — 2008 - 2012
12. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
approximately 8:43 p.m.
Meeting summary prepared and submitted by:
Corene Hall, CMC, Deputy City Clerk
AIRPORT COMMISSION MEETING
DECEMBER I3, 2012
PAGE
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To: Airport Commission V
From: Mary Bondurant — Airport Ma
Date: January 3, 2013 V
Subject: Airport Regulations — Final Review
u4 1 m
Attached for your review and recommendation are the updated Airport Regulations.
The regulations were initially reviewed by Steve L. Pavish, Northern Horizon Co., during
the Supplemental Planning Assessment. Airport Commission diligently reviewed the
comments and suggestions, made recommendations, and forwarded the revised
regulations to City Administration for review in June 2012. The City Administration
review is now complete. The attached regulations reflect all the changes in legislative
format.
Does Commission recommend the City Manager accept all the revisions to the airport
regulations?
attachments
www.kenaiairport.com
1�
1 �
Section:
1.05.010
000i�
(a) Under the authority granted in Alaska Statutes, and pursuant to the provisions of
Ordinance 48, Section 4, and KMC 21.05.030 of the Code of Ordinances of the City of
Kenai, the following regulations are hereby promulgated governing the conduct of all
persons visiting or using the facilities of the Kenai aviunicipai Airport and ail vehicles,
structures, property and aircraft on the Airport Reserve [PREMISES]. The penalty for
violation of any Airport Regulations shall be as prescribed in the Kenai Code of
Ordinances, unless otherwise provided herein.
(b) These regulations also govern the conduct of all persons flying within a five nautical
mile radius of the [KENAI] Airport unless exceptions are specifically provided in the
Federal Aviation Agency Regulations, or unless the Airport Manager authorizes
exceptions not in conflict with the Federal Regulations [ARE AUTHORIZED BY THE
AIRPORT MANAGER].
Kenai Municipal Airport Regulations Page 1 of 48
With Recommended Changes from 8/15112
a • 1
Section:
2.05.010 D•' o;
Whenever used in the regulations of the Kenai Municipal Airport, the following terms
shall have the meanings given below, unless the context requires otherwise.
(a) "Air Carrier" means a person engaged in the transportation of passengers or cargo
in air commerce for compensation;
[A](b) "Aircraft" signifies any contrivance now known, or hereafter designed, invented, or
used for navigation or flight in the air, except parachutes and other contrivances used
primarily as safety equipment.
(c) "Airport" means the Kenai Municipal Airport and all of the City -owned property,
buildings, facilities and improvements within the exterior boundaries of the Airport
Reserve defined under KMC 21.05.010 and KMC 21.05.030 as it now exists or as it
may hereinafter be extended, enlarged or modified.
[F](d) "Airport Employee" refers to any person employed by the City [OF KENAI] and
acting under the supervision and direction of the Airport Manager.
[B](e) "Airport Manager" refers to the official to whom the City Manager of the City [OF
KENAI] has delegated the authority and responsibility of managing and directing the
activities of the [MUNICIPAL] Airport [AND WHO IS ACCOUNTABLE TO THE CITY
MANAGER FOR THE PERFORMANCE OF HIS DUTIES]. "Airport Manager" includes
that person's authorized representative.
(f) "Airport Reserve" refers to the Kenai Municipal Airport Reserve as defined in KMC
21.05.010 KMC 21 05.020 and KMC 21.05.030.
[C](g) "Aviation Operator" refers to any person or organization engaged in business of
an aviation nature having authority to conduct such business at the [MUNICIPAL]
Airport by virtue of a contract or lease with the City[OF KENAI].
[D](h) "City" shall mean the City of Kenai, Alaska.
[E](i) "City Manager" refers to the official to whom the Kenai City Council has delegated
the responsibility of managing and directing all activities of the City [OF KENAI].
Kenai Municipal Airport Regulations Page 2 of 48
With Recommended Changes from 8/15/12
(j) "CMGTW" means the certificated maximum gross take -off weight of an aircraft as
established by the Federal Aviation Administration.
[F](k) "FAA" means Federal Aviation Administration.
FIELD I ME
11 11
.4,1limi'llA NO
F061EN 41k 1-t:tIULL1, ALL BEHAU T111NIN l?)E#FFIUIALBfJ11iAL)AHIE8UPF ®r)
MUNICIPAL AIRPORT AND DESIGNATED BY THE AIRPORT MANAGER AS THE
.:.
(m) "Fire Department' refers to [ANY EMPLOYEE OF] the City Fire Department [OR
THEIR REPRESENTATIVES AS AUTHORIZED BY THE DEPARTMENT CHIEF OR
THE AIRPORT MANAGER].
(n) "Fuel Tender" refers to any motor vehicle trailer, or other mobile contrivance used
for the transporting, handling or dispensing of gasoline, kerosene, oil or other fuel or
lubricant.
(o) "Heavy Aircraft' refers to any aircraft weighing 12,500 pounds or more.
(p) "Light Aircraft' refers to any aircraft weighing less than 12,500 pounds.
[(I) "MOBILE EQUIPMENT' REFERS TO ANY VEHICLE, EQUIPMENT OR DEVICE
WHICH IS NOT SELF PROPELLED AND EXCLUDES ANY AIRCRAFT.]
(q) "Motor Vehicle" refers to any self - propelled contrivance [VEHICLE], [NOT
INCLUDING] other than an aircraft, upon or by which a person or property may be
transported or drawn [WHICH MAY BE USED AS A MODE OF TRANSPORTATION].
(r) "Movement Area" refers to the runways, taxiways and other areas of [AN] the [A]
Airport which are designated b theAirport Manager [UTILIZED] for the taxiing, takeoff
and landing of aircraft, exclusive of loading ramps and parking areas.
[(s) "KENAI MUNICIPAL AIRPORT" IS THE NAME GIVEN TO THE AIRFIELD AND
ALL RELATED FACILITIES OF THE CI T Y OF KENAI AND IS HEREAFTER
REFERRED TO AS THE AIRPORT.]
(s) "NOTAM" signifies an abbreviation for "Notice to Airmen" published and distributed
to pilots and others concerned with aeronautical operations calling attention to special
airport or flying restrictions or conditions.
(t) "Person" refers to any individual, firm, partnership, corporation, company,
association, joint stock association or body politic and includes any trustee, receiver or
Kenai Municipal Airport Regulations Page 3 of 48
With Recommended Changes from 8/15/12
assigned representative thereof who will be responsible to adhere to any restrictions,
limitations or rights covered within these regulations.
(u) "Police Officer" refers to an [ANY] employee or authorized agent of the City Police
Department having law enforcement authority [OR ANY AUTHORIZED AGENT OR
REPRESENTATIVE OF ANY STATE OR FEDERAL POLICE DEPARTMENT OR
ORGANIZATION MAINTAINING OR REGULATING POLICE ENFORCEMENT
POWERS].
(v) "Restricted area" means all the other areas of the Airport enclosed by the Airport's
perimeter fence, and any other portion of the Airport the Airport Manager closes to
regular access by the general public for safety or security reasons.
Kenai Municipal Airport Regulations Page 4 of 48
With Recommended Changes from 8/15/12
i
3.05.010 Airport Manager Authority a Responsibility
3.06020 Appeal of an Airport Manager Decision or Ord
0 i i Airport .•- r authority and responsibility.
(a) [COMPLIANCE WITH THESE REGULATIONS WILL BE ENFORCED BY] The
Airport Manager [OR HIS AUTHORIZED REPRESENTATIVE] is authorized by the City
to enforce compliance with Airport regulations [AS THE PERSON EMPLOYED AND
AUTHORIZED BY THE CITY OF KENAI TO MANAGE AND SUPERVISE THE
OPERATION OF THE KENAI MUNICIPAL AIRPORT]. All persons on [ANY PART OF
THE PROPERTY COMPRISING] the Airport shall be governed by the regulations of the
Airport [PRESCRIBED HERE] and by all orders and instructions [APPERTAINING
T HERE T ^v] issued by the Airport Manager under the authority of the regulations. A
person who disputes the enforcement of the Airport Manager order or instruction may
appeal to the City Manager.
(b) In the event of any contingencies not specifically covered by these regulations, the
decision of the Airport Manager shall be final, subject to appeal to the City Manager.
(c) In addition to the Airport Manager, members of the CCU Police and Fire Departments
[THE AIRPORT MANAGER IS] are authorized, within the scope of their respective
jurisdictions, to require compliance with these regulations. No authority is either hereby
expressed or implied, however, that would permit any individual or agency other than
the City to change, amend or mitigate these regulations.
(d) The Airport Manager may remove or eject from the Airport [PREMISES] any person
who [KNOWINGLY AND WILLFULLY] violates any requirement of these Airport
regulations [SET FORTH IN THIS DOCUMENT] or any order or instructions issued by
the Airport Manager under the authority of these regulations, and [HE] may deny use of
the Airport and its facilities to any such person if the Airport Manager [HE] determines
that the [SUCH] removal, ejectment, or denial is necessary to maintain the safety or
security of the Airport [UNDER THE CIRCUMSTANCES].
(a) A person who is adversely affected by a decision or order bV the Airport Manager
may appeal to the City Manager. To be considered an appeal must be in writing,
describe the facts or issues in dispute, and be received by the City Manager within 30
calendar days after the date on which the Airport Manager's decision or order was
mailed or given to the person making the appeal.
Kenai Municipal Airport Regulations Page 5 of 48
With Recommended Changes from 8/15/12
(b) The City Manager's decision in an appeal of the Airport Manager's decision or order
shall be in writing and give the reasons for the City Manager's approval or denial of the
appeal.
Kenai Municipal Airport Regulations Page 6 of 48
With Recommended Changes from 8/15/12
4.06.010 Aeronautical
4.05.020 Airport Manager's authority over aeronautical activil
(a) A person who engages in any aeronautical activity[IES] on [AT] the Airport, or [AND]
operates an [ALL FLYING OF] aircraft departing from or arriving in the airspace above
the Airport shall comply with [BE CONDUCTED IN CONFORMITY WITH CURRENT
PROVISIONS OF THE] Federal Aviation Agency Regulations [AND ORDERS ISSUED
BY THE REGIONAL DIRECTOR OR FACILITIES CHIEF AT THE KENAI AIRPORT
NOT IN CONFLICT WITH SAID REGULATIONS].
(b) In the event that any person exhibits an [SHALL SHOW] intent to board and /or
operate an aircraft while he is physically incapacitated or mentally irresponsible by
virtue of intoxication or the effects of drugs, or if any person [SHALL] attempts to board
or operate an aircraft illegally, it shall be the duty of the Airport Manager, Airport
employees and Aviation Operators to restrain in any manner necessary such person
from performing such activities.
(c) A person who witnesses a violation of these Airport regulations [IN THE EVENT
ANY PERSON COMMITS AN ACT CONTRARY TO THESE REGULATIONS AND
SUCH ACT IS WITNESSED BY A FLIGHT SERVICE SPECIALIST OR FLIGHT
CONTROLLER TECHNICIAN, IT] shall [BE THE DUTY AND PRIVILEGE OF THE
FACILITY CHIEF OR FLIGHT SERVICE SPECIALIST, OR OTHER PERSON
WITNESSING THE TRANSGRESSION, TO] shall promptly report the violation [SUCH
ACT] to the Airport Manager [IMMEDIATELY FOR PROMPT PUNITIVE ACTION].
(d) [SPECIAL NOTICES OF ITEMS OF INTEREST TO PERSONS ENGAGED IN
BUSINESS WITH THE CITY IN RESPECT TO THE MUNICIPAL AIRPORT SHALL BE
ISSUED UNDER THE AUTHORITY OF THIS SECTION AT SUCH TIME AND IN SUCH
A MANNER AS THE AIRPORT MANAGER DEEMS NECESSARY.] If [IN THE EVENT]
the Airport Manager believes the conditions of the Airport or any portion of the Airport is
[TO BE] unsafe for aircraft operations, [LANDING OR TAKE OFF] the Airport Manager
[IT] shall [BE WITHIN HIS AUTHORITY TO] issue a NOTAM closing the Airport or
portion of the Airport to aircraft operations. When the Airport Manager determines that
the Airport or closed portion of the Airport has returned to a condition permitting the safe
operation of aircraft, [FIELD IS AGAIN USABLE] the Manager shall [WILL] issue a
[ANOTHER] NOTAM reopening the Airport or portion of the Airport to aircraft operations
[TO THAT EFFECT].
(e) A [ALL] disabled aircraft and any parts thereof on a movement area of the Airport
[RUNWAY AND TAXIWAYS] shall be promptly removed from the movement area
Kenai Municipal Airport Regulations Page 7 of 48
With Recommended Changes from 8/15/12
[AIRPORT] by the owners of the aircraft unless applicable law requires, or the Airport
Manager or other person having jurisdiction orders the [SUCH] removal [IS REQUIRED
OR DIRECTED] to be delayed pending investigation of an accident.
[(h) SEASONAL OPENING AND CLOSING OF THE GRASS /SKI STRIP SHALL BE BY
NOTAM.]
[(i) OPERATIONS ON THE GRASS STRIP SHALL BE LIMITED TO TAIL DRAGGER
TYPE AIRCRAFT EQUIPPED WITH OUTSIZE, TUNDRA -TYPE TIRES.]
[Q) OPERATION ON THE SKI STRIP SHALL BE LIMITED TO AIRCRAFT EQUIPPED
WITH SKIS.]
i i A person who brings an aircraft onto or keeps an aircraft on, the Airport does so at
the person's own risk with respect to the security, maintenance and operation of the
aircraft.
(g) No person shall abandon an aircraft anywhere on the Airport.
(h) An aircraft that the Airport Manager determines is abandoned or derelict on the
Airport shall be subject to impound under and removal by the City under 6.05.065 at the
expense and risk of the owner of the aircraft.
(i) A person may not conduct an aircraft show or other aeronautical demonstration on
the Airport without the written approval of the Airport Manager.
RU
Except in an emergency, when safety dictates, or upon prior approval of the Airport
Manager, aircraft operations on the Airport are confined to designated runways water
lanes, helipads, taxiways, taxi lanes, aprons and aircraft parking areas. When the
Airport Manager determines it is necessary for safe and secure operation of the Airport
the Airport Manager may by control device or order regulate, control and direct the
availability of a runway, water lane, helipad, taxiway, taxi lane apron, and aircraft
parking area on the Airport. The Airport Manager shall limit the use, time, type weight
dimensions, and number of aircraft allowed to use an aircraft parking area when the
manager determines that the limitation is iustified by the design safety maintenance or
operation f the parking area or the Airport. The Airport Manager may segregate aircraft
operations on the Airport according to aircraft use, size, type, or weight. The manager
shall give notice of the manager's orders, limitations, and aircraft operation segregation
decisions under this section by
Kenai Municipal Airport Regulations Page 8 of 48
With Recommended Changes from 8/15/12
(1) posting in the affected areas of the airport• or
(2) issuing a NOTAM
Kenai Municipal Airport Regulations Page 9 of 48
With Recommended Changes from 8/15/12
91MMM M,
Section:
5.05.010 Vehicle operation and regulations.
5.05.010 Vehicle operation and regulations.
(a) No person shall operate a [ANY] motor vehicle on the Airport in any manner other
[OTHERWISE] than in accordance with the Airport Regulations, rules prescribed by the
Airport Manager, and other [APPLICABLE] laws applicable to the operation of motor
vehicles [FOR THE CONTROL OF SUCH VEHICLES].
(b) No person shall operate any motor vehicle in areas designated for the use of aircraft
without the [HAVING FIRST OBTAINED APPROVAL FROM THE] Airport Manager's
prior permission [OFFICE].
(c) A [NO] person that [SHALL OPERATE] operates any kind of motorized equipment
[OF ANY KIND] on the Airport must be in possession of a valid operator's license,
current and issued in the name of the person required by law for the type of motorized
equipment being operated [UNLESS POSSESSED OF A VALID OPERATOR'S
LICENSE].
[(d) NO PERSON SHALL OPERATE A MOTOR SCOOTER, TRUCK OR OTHER
MOTOR VEHICLE IN ANY HANGAR ON THE AIRPORT WITHOUT EXHAUSTS
PROTECTED BY SCREENS OR BAFFLES, TO PREVENT THE ESCAPE OF SPARKS
OR THE PROPAGATION OF FLAMES.]
(d) No person shall operate a motor vehicle of any kind on the field area in a reckless
manner or in excess of the speed limits prescribed by posted signs. In the absence of a
posted sign, the speed limit [SPEED LIMITS] shall be [NOT EXCEED TWENTY FIVE
(25) MILES PER HOUR, EXCEPT THAT THE SPEED LIMIT SHALL NOT EXCEED]
fifteen (15) miles per hour in all apron, ramp, aircraft parking, and hangar areas and
twenty -five (25) miles per hour in all other portions of the field area [THE RAMP,
APRON, AIRCRAFT PARKING AND HANGAR AREAS].
(e) Except in the case of an emergency, no [NO] person shall operate a motor vehicle in
the field area contrary to the directions of posted signs [EXCEPT IN EXTREME
EMERGENCY].
(f) No person under the influence of intoxicating liquor, depressant, hallucinogenic,
stimulant or narcotic drug[S], shall operate a motor vehicle on the Airport roads or field
area.
Kenai Municipal Airport Regulations Page 10 of 48
With Recommended Changes from 8/15/12
(g) The driver of any vehicle operated in the field area must at all times comply with the
lawful orders [ORDER], signals, and [OR] directives of the Airport Manager, [AN
AUTHORIZED REPRESENTATIVE OF THE AIRPORT, CITY] a Police
[DEPARTMENT] officer, and [OR] FAA Control Tower personnel.
(h) During daylight hours, all vehicles[WHICH FOR ONE REASON OR ANOTHER,
ARE] authorized to operate on the field area [FIELD] without a two -way radio, shall be
either painted chrome yellow or display a checkered flag not less than two (2) feet
[(2)]square of international orange and white, with checks at least eight inches square.
Between the hours of sunset and sunrise, such vehicles shall display an overhead
flashing red light, which shall be visible from all directions and of sufficient brilliance to
be seen under clear weather for a distance of at least one mile with the naked eye.
[Q) EMERGENCY CONDITIONS EXISTING ON THE FIELD AREA WILL NOT
SUSPEND OR CANCEL ANY EXISTING REGULATIONS. DURING SUCH
CONDITIONS, THE DRIVER OF EVERY VEHICLE SHOULD MAKE CERTAIN THAT
HE DOES NOT MOVE HIS VEHICLE IN ANY DIRECTION UNLESS SPECIFICALLY
CLEARED B Y THE FAA CONTROL TOWER.]
(i) All motor vehicles shall be equipped with, and use headlamps [HEAD LAMPS], rear
lamps, stop signal lamps, and other lights as required in the City of Kenai Traffic Code.
[(i) NO PERSON SHALL CLEAN VEHICLES, ENGINES, TOOLS, ETC., BY USE OF
INFLAMMABLE MATERIAL, OR REPAIR MOTOR VEHICLES ANYWHERE IN THE
FIELD AREA OTHER THAN IN DESIGNATED AREAS, EXCEPT THOSE MINOR
REPAIRS NECESSARY TO REMOVE SUCH VEHICLE FROM THE AIRPORT, NOR
SHALL ANY PERSON MOVE, INTERFERE, OR TAMPER WITH ANY MOTOR
VEHICLE PART, INSTRUMENT, OR TOOL THEREOF, WITHOUT THE PERMISSION
OF THE OWNER, OR SATISFACTORY EVIDENCE OF THE RIGHT TO DO SO DULY
PRESENTED TO THE AIRPORT MANAGER.]
[(n) ANY VEHICLE WITHOUT RADIO THAT HAS BEEN PERMITTED TO OPERATE
ON THE FIELD WILL NOT PROCEED CLOSER THAN SEVENTY -FIVE FEET (75)
FROM THE EDGE OF THE RUNWAY, NOR CROSS ANY RUNWAY, PRIOR TO
BEING CLEARED BY THE FAA CONTROL TOWER.]
Q) No vehicle shall be operated on the Airport if, in the judgment of the Airport Manager
it is so constructed, equipped, or loaded as to endanger persons or property.
[(p) ALL FUEL TRUCKS OR TENDERS SHALL BE POSITIVELY GROUNDED
DURING ALL TIMES THEY ARE BEING USED TO SERVICE AIRCRAFT OR A
FUELING FACILITY.]
Kenai Municipal Airport Regulations Page 11 of 48
With Recommended Changes from 8115112
. r
(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 [VEHICLES SO PARKED SHALL BE
SUBJECT TO 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]
(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 Loading and Unloading," "Taxi Cab" and "Tour Bus Loading and
Unloading." The loading [ONLY] area on the terminal building side of Terminal Loop
[THE LOOP] is restricted to use by motor vehicles temporarily parked [STOPPED]
solely for the purpose of [TO] actively loading or unloading airline passengers and
baggage. [PARKING FOR LOADING AND UNLOADING ONLY IS DEFINED AS THE
USE OF A MOTOR VEHICLE TO TRANSPORT AIRLINE PASSENGERS AND THEIR
LUGGAGE TO AND FROM THE AIRPORT TERMINAL. VEHICLES IN VIOLATION OF
THIS SECTION SHALL BE SUBJECT TO IMPOUND.]
(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.
[ENVIRONMENTAL CONDITIONS (E.G., WIND)]
[(e) PURSUANT TO KMC 21.05.040, THE AIRPORT MANAGER, AIRPORT
ADMINISTRATIVE ASSISTANT, AIRPORT OPERATIONS SPECIALIST AND THE
AIRPORT OPERATIONS SUPERVISOR MAY ISSUE CITATIONS FOR VIOLATIONS
OF CHAPTER 6.05 OF THE AIRPORT REGULATIONS (AR). THE PENALTY FOR
SUCH VIOLATIONS IS AS PROVIDED IN KMC 13.05.010 AND 13.10.015.1
Kenai Municipal Airport Regulations Page 12 of 48
With Recommended Changes from 8/15/12
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 IS
PERMITTED IN] short -term parking area [THIS AREA] shall comply with the Airport
regulations and the conditions fees, and time limits [AT THE TIMES DETERMINED]
posted by the Airport [CITY] Manager. [PARKING HOURS AND RATES SHALL BE
POSTED. ALL IMPROPERLY PARKED CARS ARE SUBJECT TO IMPOUND. THE
AIRPORT MANAGER, WITH CONCURRENCE OF THE CITY MANAGER, MAY
ESTABLISH A PAY PARKING SYSTEM IN THE SHORT TERM VEHICLE PARKING
AREAS.] 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.
T he 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 [PARKING IS PERMITTED
ONLY IN] a long -term parking [THOSE] area[S], 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. [AND ONLY ON THOSE
CONDITIONS AS ARE SET FORTH AT THE DESIGNATED ENTRANCES AND
WITHIN SAID PARKING AREAS. ANY VEHICLE OR PROPERTY WITHIN THE
LONG -TERM PARKING AREAS FOR A CONTINUOUS THIRTY (30) DAY PERIOD OR
WITHIN SAID AREA CONTRARY TO THE TERMS OR CONDITIONS OF USE AS
STATED HEREIN, OR AS POSTED BY THE AFOREMENTIONED SIGNS, SHALL BE
SUBJECT TO IMPOUND PURSUANT TO KMC 12.25.040. THE AIRPORT
MANAGER, WITH CONCURRENCE OF THE CITY MANAGER, MAY ESTABLISH A
PAY PARKING SYSTEM IN THE LONG -TERM VEHICLE PARKING AREA.] Failure to
pay the required fee shall be a violation subject to the penalties provided in KMC
13.05.010 and 13.10.015.
The Airport Manager may designate reserved parking areas [SO IDENTIFIED AND
MARKED BY APPROPRIATE SIGNS, ESTABLISHED THROUGH] in a lease or permit.
[ESTABLISHED THROUGH OTHER DOCUMENT ARE] When clearly posted by
appropriate signs, reserved parking areas are [AND] closed to [NOT 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.
Kenai Municipal Airport Regulations
With Recommended Changes from 8/15/12
A 1 F s• . •I'll i 1
A motor vehicle parked in violation of Chapter 6.05 shall be subject to impound at the
vehicle owner's expense and risk [IMPOUND PROCEDURE SHALL BE PURSUANT
TO] under KMC 12.25.
. am.l �
[A] No person shall park an aircraft, for the purpose of remaining indefinitely, in any area
[ON] of the [A] Airport 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 designated [THAT PRESCRIBED] by the Airport Manager for the
long -term parking of aircraft of the size and type the person desires to park
subject to the payrnent of the applicable fee specified in Chapter 13.05.
[ "PARKING OF TRANSIENT HELICOPTERS AND HEAVY AIRCRAFT, LOADING AND
UNLOADING SHALL BE LIMITED TO THE AREA KNOWN AS THE NORTH RAMP.
PARKING FOR TRANSIENT LIGHT AIRCRAFT SHALL BE PRIMARILY THE SOUTH
RAMP. OVERFLOW SHALL USE THE NORTH RAMP (SEE APPENDIX 1 AIRPORT
SKETCH MAP ATTACHED HERETO.)„]
6.05.065 Aircraft impounds.
(a)[(B)] An aircraft parked in violation of Airport regulations [SECTION 6.05.060] may be
impounded at the discretion of the Airport Manager by [IMPOUNDMENT MAY BE
ACCOMPLISHED BY]
affixing a seal or tag 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 Manager. [OR IMPOUNDMENT PURPOSES]
(b) All aspects of the impound process including any damage to the impounded aircraft
and any inconvenience to the aircraft owner, shall be at the sole cost and [OR DAMAGE
THAT MAY RESULT FROM SUCH MOVEMENT WILL BE AT THE] 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;
Kenai Municipal Airport Regulations Page 14 of 48
With Recommended Changes from 8/15/12
(2) The daily impound storage fee specified in Chapter 13.05; and
(3) The City's actual cost of towing or otherwise relocating of the aircraft including legal
and administrative costs. [AN IMPOUNDMENT FEE OF ONE HUNDRED DOLLARS
($100.00) PLUS TOWAGE FEE AT COST, SHALL BE CHARGED ON EACH
AIRCRAFT IMPOUNDED AND A STORAGE FEE OF FIFTY DOLLARS ($50.00) PER
DAY SHALL BE CHARGED FOR EACH DAY THE AIRCRAFT REMAINS
IMPOUNDED.]
(d) An [ALL] impounded aircraft that [WHICH ARE] is not redeemed by the owner within
ninety days after the date on which the aircraft was impounded[MENT] shall be
considered abandoned and shall be subject to sale by the City at public auction. Notice
of any auction shall be published. [PUBLICATION SHALL BE] in a newspaper of
general circulation in the City [THAT AREA FOR] 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.
(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 five (5) days in an area designated for transient aircraft parking.
(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 so.
(e) If a person who parks an aircraft in a City - operated transient parking area fails to pay
transient parking fees prior to departure from the Airport, the person's aircraft shall be
subject to impound under Section 6.05.065 immediately upon any future return to
Airport.
[(a) ALL AIRCRAFT OWNERS OR OPERATORS PARKING TRANSIENT AIRCRAFT
IN AN AREA DESIGNATED BY THE AIRPORT MANAGER SHALL REGISTER THEIR
AIRCRAFT WITH THE AIRPORT MANAGER'S OFFICE UPON ARRIVAL.][(b)
TRANSIENT AIRCRAFT UNDER 10,000 POUNDS SHALL PARK AT THE TAIL TIE -
DOWNS ON TE SOUTH TERMINAL RAMP APRON AND AIRCRAFT EXCEEDING
10,000 POUNDS SHALL PARK ON THE NORTH TERMINAL RAMP, OFF THE VOR
CHECKPOINT. ALL TRANSIENT AIRCRAFT MUST BE PROPERLY SECURED.][(c)
Kenai Municipal Airport Regulations Page 15 of 48
With Recommended Changes from 8/15/12
♦ A / + ♦+ +♦ . ♦+ ♦
AIRPORT M♦ a. + THERE WILL BE FOR PARKING ♦ AIRCRAFT .
A PERIOD HOURS O
No [ALL] aircraft on the premises of a land lease on the Airport shall be parked in a
manner that results in [LESSEES ON THE AIRPORT SHALL BE RESPONSIBLE FOR
KEEPING ALL AIRCRAFT PARKED ON THEIR LEASEHOLDS ENTIRELY WITHIN
THE BOUNDARIES OF THE LEASEHOLD WITH NO] a wing, tail, nose, or other
portion of the aircraft extending outside the [OVER SUCH] boundaries of the premises.
�.� .,
(a) A person desirinq to have seasonal exclusive use of a portion of an apron or ramp
for aircraft parking loading and unloading temporary cargo staging and cargo handling
equipment parking must obtain a seasonal ramp use permit from the Airport Manager.
(b) The Airport Manager shall establish the location and size of the apron or ramp area
to be assigned to the person under a seasonal ramp use permit after giving
consideration to
(1) the size type and number of the aircraft the person will be using on the site;
(2) the amount of cargo and equipment the person will be staging on the site;
(3) the nature of the cargo being handled;
(4) the use of the Airport by other aircraft operators;
(5) the length of time the person plans to use the site; and
(6) the maintenance, operation, safety, and security of the Airport.
(c) Aperson to whom the Airport Manager issues a seasonal ramp use permit shall
(1) pay the seasonal ramp use permit fee specified in Chapter 13.05;
(2) comply with the terms and conditions of the permit; and
(3) comply with Airport regulations and the directions of the Airport Manager;
Kenai Municipal Airport Regulations Page 16 of 48
With Recommended Changes from 8/15/12
(d) The term of a permit shall not exceed six calendar months.
(e) The Airport Manager may
(1) cancel a permit with 15 days written notice to the permittee, if the permittee
fails to pay the permit fee when due or violates any requirement of the permit or
Airport regulations; and
require the permittee to relocate their operations to another operationally
similar location on the Airport when the Airport Manager reasonably determines
the relocation is necessary for the maintenance, operation, safety or security of
the Airport.
Kenai Municipal Airport Regulations Page 17 of 48
With Recommended Changes from 8/15/12
: :T OR
7.05.010
7.05.020 [TRANSIENT] [FAILURE i,
7.05.030 Removal of aircraft from airport
7.05.040 Registration
A person who brings an aircraft to the Airport, whether for transient purposes or to
remain indefinitely, and does not park the aircraft on the premises of a land lease [NEW
AIRCRAFT ARRIVALS INTENDED RESIDENCY AT THE KENAI MUNICIPAL
AIRPORT] shall, as soon as possible, but not later than 48 hours after arrival at the
Airport, register the[iR] aircraft with the Airport Manager and obtain a parking location
assignment. [IN A COMMERCIAL PARKING AREA NOT MORE THAN FIVE DAYS
AFTER THEIR ARRIVAL AT THE AIRPORT]
The owner or operator of an [TRANSIENT] aircraft [OWNERS OR OPERATORS
UTILIZING AN AREA DESIGNATED BY THE AIRPORT MANAGER] who fails to
register the[IR] aircraft as required under 7.05.010 and 7.05.040 [WITH THE AIRPORT
MANAGER'S OFFICE UPON ARRIVAL SHALL BE CHARGED WITH IMPROPER
PARKING AND THE AIRCRAFT] shall be subject to having the aircraft impounded
[IMPOUNDMENT] in accordance with Section[S] 6.05.065. [6.05.060 AND 6.05.070]
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. [AIRCRAFT WHOSE OWNERS OR
OPERATORS FAIL TO PAY TRANSIENT PARKING FEES UPON DEPARTURE
FROM THE AIRPORT SHALL BE SUBJECT TO IMPOUNDMENT IF THEY USE
AIRPORT FACILITIES IN THE FUTURE.]
7.05.030 Removal of aircraft from airport parking.
A person who has parked an aircraft [AIRCRAFT OWNERS WHO] in a City- operated
parking area on the Airport must five the Airport Manager notice prior to permanently
vacating the space. A person who vacates their assigned space without giving notice
[FAIL] to [NOTIFY] the Airport Manager [OF THE REMOVAL OF THEIR AIRCRAFT
FROM THE AIRPORT PARKING AREAS] shall continue to be responsible for payment
of the applicable parking fee [WILL BE CHARGED] just as if the person had not vacated
the space. [AIRCRAFT WERE STILL THERE] The fees, plus interest, shall accumulate
until the date on which the person gives the required notice to the Airport Manager and
Kenai Municipal Airport Regulations Page 18 of 48
With Recommended Changes from 8/15/12
pays the fees and interest due.
An air carrier or other [ALL] commercial operator[S] of aircraft operating from the
[KENAI MUNICIPAL] Airport shall register each aircraft with the Airport Manager rip or to
commencing operations at the Airport. The [SUCH] registration
(a) must be in writing;
may be submitted in person or by mail, and
(c) must rp ovide [SHOW THE]
(1) the make model registration number, and certificated maximum gross
[AIRCRAFT] take -off weight of the aircraft; [ALONG WITH]
[THE] name and mailing address of the registered owner [AND HIS /HER
CORRECT ADDRESS] and
(3) such other information as the Airport Manager may reasonably require.
[SUCH NOTICE SHALL BE GIVEN BEFORE SUCH COMMERCIAL
OPERATIONS SHALL COMMENCE OPERATION.]
Kenai Municipal Airport Regulations Page 19 of 48
With Recommended Changes from 8/15/12
C. 'w i7i
[PERSONS INVOLVED IN AIRCRAFT ACCIDENTS INVOLVING PERSONAL INJURY
OR PROPERTY DAMAGE IN EXCESS OF $100 OCCURRING ON THE AIRPORT
SHALL MAKE A FULL REPORT THEREOF TO THE AIRPORT MANAGER'S OFFICE
AND TO THE FEDERAL AVIATION AGENCY AS SOON AFTER THE ACCIDENT AS
POSSIBLE. SAID REPORT SHALL INCLUDE NAMES AND ADDRESSES OF
PERSONS INVOLVED AND OF ANY WITNESSES.]
(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
M within one hour of the accident or incident or as soon as possible thereafter; if
the accident or incident involves bodily inlury or death or damage to any one
Person's property in excess of $500;and
if otherwise, within twenty -four hours of the accident or incident or as soon as
possible thereafter.
(b) The accident report shall include
(1) the make, model, and registration number of the aircraft involved;
(2) the names and mailing addresses of the persons involved;
(3) a description of the accident or incident; and
(4) such other information as the Airport Manager or the Federal Aviation
Administration may reasonably require.
r i -.�. .�. i .
Kenai Municipal Airport Regulations
With Recommended Changes from 8/15/12
(a) The owner or operator of a motor vehicle involved in an accident that occurs on City-
owned property in the Airport Reserve, other than a public street shall report the
accident to the Airport Manager
(1) within one hour after the accident or as soon as possible thereafter, if the
accident involves bodily injury or death or damage to any one person's property
in excess of $500; and
(2) if otherwise, within twenty -four hours of the accident or as soon as possible
thereafter.
(b) The accident report shall include
(1) the make, model, license plate number of the vehicle involved;
(2) the names and mailing addresses of the persons involved;
(3) the name and address of the vehicle's registered owner;
(4) a description of the accident; and
(5) insurance information
(6) such other information as the Airport Manager may reasonably require.
13.05.030 Bodily injury and property damage.
(aa) Any person who damaggs[ING] by any means [ANY] a fence, pate, pate control,
light, fixture, or other City -owned property on the Airport [PROPERTY BY MEANS OF
CONTACT WITH AN AIRCRAFT OR ANY OTHER MEANS,] shall
(1) report the [SUCH] damage
(A) immediately to the Airport Manager, Kenai Flight Service Station or Air
Traffic Control Tower.
[PERSONNEL IMMEDIATELY AND SHALL] be fully responsible
(A) to pay all costs related to the repair, restoration, or replacement of the
damaged property, including the City's legal and administrative costs; and
(B) for any bodily injury or property damage that occurs as a direct or
indirect result of the person's damage to City -owned property. [COSTS
REQUIRED TO REPAIR THE DAMAGE OR REPLACE THE DAMAGED ITEM.
FAA CONTROL TOWER PERSONNEL WILL REPORT ANY INCIDENT OF
DAMAGES UPON THE FAILURE OF AN AIRCRAFT OPERATOR TO DO SO.]
Kenai Municipal Airport Regulations Page 21 of 48
With Recommended Changes from 8/15/12
(b) If a person who is injured on the Airport by or owns property on the Airport damaged
by, the City, a City employee, or by City -owned property, the injured person or their
representative, or the owner of the damaged property, as applicable shall report the
accident to the Airport Manager within
(1) one hour after the injury or damage or as soon as possible thereafter if the
accident involves bodily injury or death or damage to any one person's
property in excess of $500; and
(2) if otherwise, within twenty -four hours of the accident or as soon as possible
thereafter.
In this chapter,
(a) "aircraft accident' has the meaning given in 49 C.F.R. 830.2
(b) "incident" has the meaning given in 49 C.F.R. 830.2
Kenai Municipal Airport Regulations Page 22 of 48
With Recommended Changes from 8/15/12
Sections:
`, i 1 ►
9.0 5.0 1
9.05.0.11
' i •J
1 9.0 5.0 i! 1
II' 1
• 1
1
K ^ 1
Engine tests.
. 4.
Student pilots.
Helicopters. Runway use.rAGE1
repair. Aircraft
(a) An [A]aircraft engine shall not be warmed up or run in [PROLONGED] engine test
operations in any area of the Airport or in any manner that would result in a hazard to
other aircraft, persons or property.
(b) Under no circumstances shall a person engage in an [PROLONGED] aircraft engine
test operation[S ], unless [BE PERMITTED WITHOUT EITHER]
(1) a competent operator is at the controls of the aircraft
All aircraft operating on the Kenai Municipal Airport must bear current airworthiness
certificates issued by the Federal Aviation Administration.
No aircraft shall be operated on the Airport [REGULARLY] unless it is equipped with tail
or nose wheel, and wheel brakes, or skis when conditions permit, except with the
permission of the Airport Manager.
DEMUMMMUEZ .. .:
Instrument approach procedure at [KENAI MUNICIPAL] Airport shall be the procedure
as specifically authorized by the Regional Director, Federal Aviation Administration.
[AGENCY]
9.05.050 Student pilots.
[ALL STUDENT PILOTS, PRIOR TO] Before making his or her [THEIR] first solo flight
from the Airport a student pilot must have made a visit [TO] the Flight Service Station
when [WHICH] aircraft traffic is in progress and observe [OBSERVING TRAFFIC AND]
Kenai Municipal Airport Regulations Page 23 of 48
With Recommended Changes from 8/15/12
Flight Service Station personnel in the process of managing aircraft traffic
[PROCEDURES]. Each student pilot shall [WILL] ask the Flight Service Specialist on
duty at the time of the visit to make the appropriate entry in his [LOG BOOK] logbook to
verify the student pilot's compliance with this requirement.
9.05.060 Runway use.[AGE]
(a) Airplanes taking off and landing at the [KENAI MUNICIPAL] Airport will follow the
rules and regulations established by the Federal Aviation Administration.
(b) A pilot taxiing an aircraft on the Airport shall use the taxiways and water lanes
established for that purpose, subject to such aircraft size, type or weight restrictions as
may be established by the Airport Manager. [AIRPLANE TAXIING SHALL CONFORM
TO THE ATTACHED TAXIING DIAGRAM]
[(c) TAXIING SHALL BE DONE STRAIGHT DOWN THE RUNWAY AFTER
TOUCHDOWN, AND AIRCRAFT SHALL TURN ONTO THE FIRST EXIST TAXIWAY
OR AS DIRECT ED BY THE FAA CONTROL T VVVER.]
[(d) TURNS OF 180 DEGREES ON THE RUNWAY ARE EXPRESSLY PROHIBITED
EXCEPT BY FAA CONTROL TOWER APPROVAL.]
r ..
(a) A pilot operating a [ALL] helicopter[S] carrying a sling load[S] to or from the Airport
shall [MUST] fly a course away from areas congested with aircraft and buildings [WITH
PRIOR APPROVAL AND DIRECTION FROM THE FAA CONTROL TOWER].
[(b) HELICOPTER LANDINGS AND TAKE -OFFS FOR RESIDENT AIRCRAFT ARE
NORMALLY TO BE TO AND FROM RESPECTIVE PADS, SERVICE AREA(S) OR
NORTH RAMP. TRANSIENT HELICOPTER LANDINGS AND TAKE OFFS ARE
NORMALLY TO E TO AND FROM THE MOVEMENT AREA ADJACENT TO THE
NORTH RAMP SERVICE AREA(S). USE OF THE RUNWAY OR TAXIWAY C IS
PERMITTED. HELICOPTER LANDINGS AND TAKE -OFFS AT PLACES OTHER
THAN THOSE DESIGNATED MUST BE CLEARED BY THE AIRPORT MANAGER OR
HIS REPRESENTATIVE. EMERGENCY OPERATIONS WILL BE AS DIRECTED BY
FEDERAL AVIATION ADMINISTRATION PERSONNEL.]
(a) No person s [ON A REGULAR BASIS, SHALL] commercially maintain, modify,
or repair an aircraft, aircraft engine, propeller or other aircraft equipment on the Airport
[PROPERTY] unless the person [HE]
(1) holds a business activity permit issued by the Airport Manager under
10.05.015: or
Kenai Municipal Airport Regulations Page 24 of 48
With Recommended Changes from 8/15/12
L2) is employed by, or doing business as a fixed base operator on the Airport.
- 'rt"'Manager for that [SUCH]
wo
SPECIFICALLY] designated or approved by the Air
purpose.
Kenai Municipal Airport Regulations Page 25 of 48
With Recommended Changes from 8/15/12
• • • 1
1 1 1 1
(a) No person shall, without the permission of the Airport Manager:
1M Destroy, injure, deface or disturb in any way any building[S], signs,
equipment, marker, or other structure, tree, flower, lawn or other property on the
Airport. [PROPERTY]
Alter, make additions to, erect any building or sign, or make any excavations
on the Airport. [WITHOUT THE CONSENT OF THE AIRPORT MANAGER]
(3) [WILLFULLY A] Abandon any personal [ORGANIZATIONAL] property on the
Airport.
IfC• il�i, ���: i�:!; �_ U717; 71ir1C �i� /�r�il����e1; #�_T�7; #:7Gh�l�i
(4) [NO PERSON SHALL] Interfere with, tamper with, unlawfully remove or injure
any part of the Airport or any of the equipment thereof.
(5) [NO PERSON SHALL] Knowingly or willfully make any false statement or
report to the Airport Manager or an [ANY] Airport employee.
[(g) NO PERSON SHALL INTERFERE OR TAMPER WITH, ANY AIRCRAFT OR
PUT IN MOTION THE ENGINE OF SUCH AIRCRAFT, OR USE ANY AIRCRAFT,
AIRCRAFT PARTS, INSTRUMENTS OR TOOLS, WITHOUT PERMISSION OF THE
OWNER OR BY SPECIFIC DIRECTION OF THE AIRPORT MANAGER.]
(6) [NO PERSON SHALL] Enter any restricted area posted as being closed to
the public except as may be permitted by these regulations.
M [NO PERSON SHALL] Enter upon the field area except:
Q persons assigned to duty therein by the Airport Manager;
Kenai Municipal Airport Regulations Page 26 of 48
With Recommended Changes from 8115/12
1 1 :., 1 1
General rules of conduct.
10.05.015
Business activity permit.
Y 1 1 )
10.05.025
V• • of
1 1 ) 1
Non-responsibility.
1 1 x.141
REGULATIONS.
i i : 1 i
Explosives
1 1 1 1
(a) No person shall, without the permission of the Airport Manager:
1M Destroy, injure, deface or disturb in any way any building[S], signs,
equipment, marker, or other structure, tree, flower, lawn or other property on the
Airport. [PROPERTY]
Alter, make additions to, erect any building or sign, or make any excavations
on the Airport. [WITHOUT THE CONSENT OF THE AIRPORT MANAGER]
(3) [WILLFULLY A] Abandon any personal [ORGANIZATIONAL] property on the
Airport.
IfC• il�i, ���: i�:!; �_ U717; 71ir1C �i� /�r�il����e1; #�_T�7; #:7Gh�l�i
(4) [NO PERSON SHALL] Interfere with, tamper with, unlawfully remove or injure
any part of the Airport or any of the equipment thereof.
(5) [NO PERSON SHALL] Knowingly or willfully make any false statement or
report to the Airport Manager or an [ANY] Airport employee.
[(g) NO PERSON SHALL INTERFERE OR TAMPER WITH, ANY AIRCRAFT OR
PUT IN MOTION THE ENGINE OF SUCH AIRCRAFT, OR USE ANY AIRCRAFT,
AIRCRAFT PARTS, INSTRUMENTS OR TOOLS, WITHOUT PERMISSION OF THE
OWNER OR BY SPECIFIC DIRECTION OF THE AIRPORT MANAGER.]
(6) [NO PERSON SHALL] Enter any restricted area posted as being closed to
the public except as may be permitted by these regulations.
M [NO PERSON SHALL] Enter upon the field area except:
Q persons assigned to duty therein by the Airport Manager;
Kenai Municipal Airport Regulations Page 26 of 48
With Recommended Changes from 8115/12
Q authorized representatives of the Airport and Federal Aviation
Administration; [AGENCY]
kjq persons authorized by the Airport Manager; and,
iv passengers, [PERSONS] under appropriate supervision, entering the
area for purposes of boarding or leaving an aircraft [EMBARKATION AND
DEBARKATION].
# t • . • . ��
CONDITIONS APPROVAL OF THE AIRPORT MANAGER, AND UNDER SUCH TERMS AND
AS BE PRESCRIBED IN THE CITY OF KENAI CODE OF
ORDINANCES.]
(8) [NO PERSON SHALL] Post, distribute or display signs, advertisements,
circulars or any other printed matter at the Airport except with the approval of, and in the
manner prescribed by the Airport Manager [AND ONLY IN SUCH MANNER AS HE
MAY PRESCRIBE].
(9) [NO PERSON SHALL] Travel on the Airport other than on the roads, walks, or
places provided for the particular class of traffic the person is using.
(10) Hinder or obstruct another person, vehicle, or aircraft from the lawful use of
the Airport. [NO PERSON SHALL OCCUPY THE ROADS OR WALKS IN SUCH A
MANNER AS TO HINDER OR OBSTRUCT THEIR PROPER USE.]
[NO PERSON SHALL] Operate any type of vehicle for the disposal of
garbage, ashes, or other waste material on the Airport. [WITHOUT THE APPROVAL
OF THE AIRPORT MANAGER]
(b) Any person who has been denied the use of the Airport by the Airport Manager
under Chapter 3.05 of these regulations shall come upon or use the Airport only while
travelling through as a passenger in a taxicab or other vehicle when enplaning or
deplaning as a passenger of an aircraft operating on the Airport.
[(p) ALL SHOPS, GARAGES, EQUIPMENT AND FACILITIES NOT THE PROPERTY
OF THE CITY OF KENAI ARE EXPRESSLY FOR THE CONDUCT OF THE OWNERS
OR LESSEES BUSINESS OPERATIONS. NO PERSON OTHER THAN THE
OWNERS OR LESSEES OR THEIR EMPLOYEES SHALL MAKE USE OF THESE
FACILITIES WITHOUT INDIVIDUAL AND SPECIFIC PERMISSION OF THE OWNERS
OR LESSEES.]
(c) A person using the Airport shall comply with
(1) the Airport regulations Kenai Municipal Code and other applicable law;
Kenai Municipal Airport Regulations Page 27 of 48
With Recommended Changes from 8/15/12
(2) orders the Airport Manager issues under applicable City, state or federal law;
and
(3) instructions, requirements, and restrictions that the Airport Manager has
posted or indicated by sign, signal, or other control device, unless otherwise
directed by an authorized person directing aircraft vehicle or pedestrian
traffic.
(d) No person shall interfere or tamper with, anV aircraft or put in motion the engine of
any aircraft, or use any aircraft, aircraft parts, instruments or tools on the Airport without
permission of the aircraft owner or by specific direction of the Airport Manager.
(e) A person may not dump snow anywhere on the Airport except
(1) in a location the Airport Manager has designated for that purpose
(2) in a manner and location approved in writing by the Airport Manager; or
(3) as specifically authorized under a lease or permit issued to the person by the
City.(Adapted from 17 AAC 45.020(e))
(f) Except in an emergency or after receipt of approval from the Airport Manager to do
so, a person may not move, load, unload, launch, operate, or test a boat or boat motor
in the waters of the float pond on the Airport. (Adapted from 17 AAC 45.020(h)).
(a) Except as expressly authorized under a lease or CitV- approved sublease, or as
expressly authorized under a concession agreement or other permit issued by the City
or the Airport Manager, a person must, before engaging in any of the following on the
M an aircraft maintenance or aircraft support facilities maintenance;
mobile aircraft or storage tank fueling (wing & bulk) and /or defueling;
(3) water extraction from float plane basin;
(4) aircraft ground handling services;
(5) catering for in- flight meals;
(6) mobile food service business;
Kenai Municipal Airport Regulations Page 28 of 48
With Recommended Changes from 8/15/12
(7) chauffeur services;
(b) If the Airport Manager determines the action is in the best interest of the City, the
Manager may. as a condition of a business activity permit, limit the conduct of the
permittee's business to one or more specific locations on the Airport.
(c) A person who seeks a business activity permit under this section must submit a
written request to the Airport Manager and must include
(1) the non - refundable application fee specified in the City's schedule of fees
adopted by the City Council; and
(2) a written description of the services and operations the applicant proposes to
conduct under the permit.
(d) The Airport Manager will grant a request for a business activity permit unless the
Manager determines that
(1) the applicant has violated a provision of the Airport regulations, Federal
Aviation Administration regulations, or the Kenai Municipal Code, which
violation the applicant has not resolved to the Airport Manager's satisfaction;
(2) the applicant has violated a material term of a contract, lease or permit with
the City, which violation the applicant has not resolved to the Airport Manager's
satisfaction;
(3) the applicant is in arrears on a rental payment or other material financial
obligation due the City;
(4) the proposed activity would interfere with or is otherwise incompatible with the
security, safety, maintenance or operation of the Airport;
(5) the proposed activity would violate
(A) applicable law;
(8) the City's obligations under revenue bonds issued in connection with
the Airport;
(C) an exclusive right the CitV has granted to another person on the
Airport;
(D) a covenant running with the land of the Airport; or
Kenai Municipal Airport Regulations Page 29 of 48
With Recommended Changes from 8115/12
(E) an applicable requirement or Assurant to which the City is committed
under a grant from the Federal Aviation Administration issued in
connection with the Airport; or
(6) the proposed activity would be inconsistent with sound airport planninr
(e) A decision by the Airport Manager to deny an application for a business activity
permit will be in writing.
(f) As a condition of a business activity permit issued under this section 10.05.015, the
permittee must
(1) pay the business activity permit fee required by the City's schedule of fees
adopted by the City Council; and
(2) provide insurance coverage that the Airport Manager determines is
comparable to the insurance coverage the City requires of a land leaseholder or
terminal building space tenant operating a business like that authorized in the
permittee's business activity permit.
(g) A business activity permit is not transferable and shall be issued for a term the
Airport Manager determines is in the best interest of the City, but not exceeding five
year.
For purposes of this section 10.05.015 business activity is conducted on the Airport if
the activity, including any transportation offered or arranged by the operator of the
activity;
(1) is conducted all or in part on the Airport; or
(2) derives business on the Airport and offers or arranges for transportation
between an off - airport location and a location on the Airport.
Any person who [KNOWINGLY AND WILLFULLY] violates any Airport regulation,
[PRESCRIBED HEREIN] or any order or instruction issued thereunder, shall be subject
to a fine of [IN KEEPING THEREWITH, SHALL BE GUILTY OF A VIOLATION AND
UPON CONVICTION THEREOF, MAY BE FINED] not more than five hundred dollars
($500.00) or imprisonment[ED] for not more than thirty (30) days, or both, under the
authority of the Kenai Municipal Code [CODE OF ORDINANCES, CITY OF KENAI].
1 . .I
Kenai Municipal Airport Regulations Page 30 of 48
With Recommended Changes from 8/15/12
(a) If a person acts in violation of the Airport regulations or fails to act as required by the
regulations, the Airport Manager may, in addition to the penalties under 10.05.020, take
one or more of the following actions:
(1) order the person to, either immediately or within a specified time,
(A) stop the violation;
B) begin the required act; or
(C) leave the airport;
(2) provide written notice to the person that describes how the person may
correct the violation or omission and the time within which the violation or omission must
be corrected-
(3) correct the violation or omission; or
(4) in an emergency or when the Airport Manager finds such assistance
necessary for safety, maintenance, or operation of the airport request enforcement
assistance by the City Police Department.
(b) If the Airport Manager acts under (a) (3) of this section 10.05.025 to correct a
violation or omission by a person, the City may seek reimbursement from the person of
all costs plus interest that the City incurs in acting to correct the violation or omission,
including site assessment costs clean up costs, collection costs, legal and
administrative costs, applicable fines, and costs resulting from interference with or delay
of projects or operations on the Airport.
(c) If the Federal Aviation Administration fines the City for a violation of a federal statute
or regulation or for an occurrence or omission on the Airport, the person who caused
the violation occurrence or omission shall, upon written demand from the City,
reimburse the City for the amount of the fine plus interest and the costs incurred by the
City in obtaining the reimbursement.
The City of Kenai assumes no responsibility for loss, injury or damage to persons or
property on the Airport, or using Airport facilities by reason of fire, theft, vandalism,
wind, flood, snow, earthquake or collision damage, nor does the City [IT] assume any
responsibility for injury to persons while on the Airport or while using the facilities
thereof.
EWERE����
Kenai Municipal Airport Regulations Page 31 of 48
With Recommended Changes from 8/15/12
(a) A person who brings or possesses an explosive to or on the Airport shall comply
with the hazardous materials provisions of 49 C.F.R. Part 175, and as amended.
(b) A person shall give the Airport Manager at least 24 hours advance written notice
before bringing explosives onto the Airport.
(c) The Airport Manager may, based on considerations of the safety of Airport users and
the general public,
(1) condition, direct, supervise, or prohibit an operation involving an explosive on
the Airport; and
(2) require that an aircraft with an explosive aboard
(A) be fueled, serviced, and parked in a remote or other designated area
of the Airport; and
(B) depart the Airport as soon as air traffic and safety considerations
allow.
(d) In this section, "explosive" has the meaning given in AS 11.81.900• "explosive" also
includes fireworks as defined in AS 18.72.100.
Kenai Municipal Airport Regulations Page 32 of 48
With Recommended Changes from 8115/12
(a) No aircraft shall be fueled or defueled while the engine is running, unless running the
engine is allowed for hot fueling under National Fire Protection Association Code 407,
"Standard for Aircraft Fuel Servicing ", 2001 edition which is adopted in this regulations
by reference. All fueling personnel shall be properly trained for this type of fueling.
(Based on NFPA and IFC as adopted by the City of Kenai.)
Lb) No aircraft shall be fueled or defueled while the engine is being warmed by
applications of exterior heat,, or while the [SUCH] aircraft is in a hangar or an enclosed
space.
(c) No person[S] shall smoke light a match or have any open flame within 50 feet of an
aircraft being fueled or defueled.
(d) No person shall operate any radio transmitter or, receiver, or operate the switch of
any electrical circuit [APPLIANCE OFF OR] on an aircraft during fueling or defueling.
(e) Persons engaged in the fueling or defueling of aircraft shall make every possible
effort to prevent the overflow or spilling of [THE] fuel. In the event of a fuel overflow or
spill the person shall immediately take appropriate measures to contain and clean up
the fuel prevent the fuel from draining into soil, and report the overflow or spill to the
Airport Manager. The person shall also promptly report the fuel overflow or spill to each
regulatory agency that requires a report of that overflow or spill and repair any fuel leak
and equipment failure or defect that caused or contributed to the overflow or spill.
(0 No person shall use any material during fueling or defueling of aircraft that [WHICH]
is likely to cause a spark or be a source of ignition.
Lc� No person shall start an engine of any aircraft when there is any gasoline on the
ground under the [SUCH] aircraft.
Kenai Municipal Airport Regulations Page 33 of 48
With Recommended Changes from 8/15/12
(h) Fuel(ING) hoses containers, storage tanks, and related equipment shall be
maintained in a safe, sound and non - leaking condition.
All fueling and defueling of aircraft shall be conducted at least fifty (50) feet from any
hangar or other building.
(i) No person shall fuel or defuel an aircraft without adequate fire extinguishers or
equivalent fire protection equipment immediately available to the fueling location.
All fueling, defueling, and fuel transfer on the Airport shall be conducted in
accordance with applicable City and State of Alaska fire codes.
II I
Aircraft fueling shall be conducted only from approved type pumps or fueling trucks, and
only by those authorized by the Airport Manager. No person shall fuel aircraft from
barrels, drums, or cans under any condition or circumstances. However, the Airport
Manager may waive this regulation for a dealer or when conditions do not permit fueling
at designated areas.
Any person who engages in fuel deliver, fueling, defueling_ or fuel storage on the Airport
shall ensure that they and all their personnel who handle fuel on the Airport are trained
in safe fuel handling practices fire safety, spill prevention and spill response.
11.05.035 Fuel spill prevention and response plan.
(a) Any person who engages in fuel deliver, fueling defueling or fuel storage on the
Airport shall maintain spill prevention and response capability readily accessible to the
site or on the vehicle where the fuel is handled, stored, transported, or dispensed.
(b) Any person who engages in commercial fuel deliver, fueling defueling or r fuel
storage on the Airport shall before operating on the Airport,
(1) submit to the Airport Manager a copy of the person's Spill Prevention Control
and Countermeasures Plan prepared under 14 CFR 112: or
(2) if 14 CF€2 112 does not apply to the person's fuel related activities on the
Airport submit to the Airport Manager a written fuel spill prevention and response
plan that includes
(A) the measures the person will take to prevent a spill or release of fuel;
(13) the steps the person will take, in the event of a spill or release of fuel,
to
Kenai Municipal Airport Regulations Page 34 of 48
With Recommended Changes from 8/15/12
(i) stop the spill or release; and
(ii) contain and prevent spreading or migration of any fuel released;
(C) the person's plan for immediate notification describing any spill or
release of fuel to the Airport Manager and to each reaulatory agency that
requires such a report.
(3) Neither the submission of a plan by a person under this section 11.05.035
nor the receipt of the plan by the Airport Manager shall be construed as approval
of the plan by the Airport Manager or the City.
Before fueling an aircraft from a tanker truck fuel tender, or fixed fueling facility, the
aircraft and the truck tender, or fixed facility shall be connected by cable so as to
establish a condition of zero electric potential between them. [ADEQUATE
GROUNDING FOR THE AIRCRAFT AND FUELING FACILITY SHALL BE INSTALLED
AND IMMEDIATE FIRE PROTECTION OR EXTINGUISHERS WILL BE PROVIDED.]
ii K11411:falmnI1';T
In addition to any labels or signs required by applicable law, a person who engages in
fuel deliver fueling, ueling defueling or fuel storage on the Airport shall place on the person's
storage tank tank truck, fuel tender or other fuel container on the Airport [ T HERE
SHALL BE] adequate marking and labeling [ON STORAGE TANKS AND TANK
TRUCKS, INCLUDING IDENTIFICATION OF] to identify the contents by fuel type and
octane rating [SPECIFIC TYPES OF FUELS AND FUEL OCTANE DESIGNATIONS].
11.05.060 Fueling facilities.
Any fuel storage tank fuel dispensing apparatus or other fuel handling facility placed or
used on the Airport must conform to applicable environmental law and the City's fire
prevention code. Before constructing or installing a fuel storage tank fuel dispensing
apparatus or other fuel handling facility on the Airport, a person [ALL PERSONS
WISHING TO INSTALL AIRCRAFT FUELING FACILITIES ON THE AIRPORT] must
(a) obtain a lease for the land from the City
(b) submit to the Airport Manager plans for the construction or installation and any other
related information [ON THE INSTALLATION AS] the Airport Manager may require in
order to provide for the safety of the public, and
(c) obtain the Airport Manager's written approval to proceed.
11.05.065 Commercial fueling.
Kenai Municipal Airport Regulations Page 35 of 48
With Recommended Changes from 8/15/12
(Repealed Res. 90-66)
Kenai Municipal Airport Regulations Page 36
With Recommended Changes from 8/15112
.- 1
12.06010
Storage.
12.05.0 20
Open flame operations.
05 Y 1
Smoking.
0 -. ICY
General requirements.
12.05.050
Fire extinguishers.
12.05.060 hazards.
12.05.070 Hazardous substance
(a) No person shall keep or store any flammable liquids, gases, signal flares or other
similar materials in [THE] a hangar[S] or [IN] any other building on the Airport,
unless: [PROVIDED THAT SUCH] the materials are [MAY BE] kept
in aircraft in [THE] proper receptacles installed in the aircraft [FOR SUCH
PURPOSE] or
(2) in rooms or areas specifically approved for such storage by the Airport
Manager, or in Underwriter's Approved Safety Cans.
(b) No person shall keep or store lubricating or waste oil[S] in or about an aircraft the
hangar[S] unless the [PROVIDED THAT SUCH MATERIAL MAY BE] oil is kept in a
room specifically designated for oil storage or stored [PROVIDED FURTHER THAT
NOT MORE THAN TWELVE (12) HOURS' SUPPLY OF LUBRICATING OIL MAY BE
KEPT IN OR ABOUT A HANGAR UNLESS] in containers or receptacles approved by
insurance underwriters.
(c) Lessees shall provide suitable metal receptacles with covers for the storage of
waste, rags and other rubbish. [SUCH RECEPTACLES SHALL BE METAL.] All [USED]
waste and used rags or other rubbish shall be removed in accordance with the City
ordinance governing trash and rubbish disposal.
Except as may be specifically authorized by the Airport Manager, no person shall
conduct any open flame operations [IN ANY HANGAR OR] anywhere on the Airport
unless fire extinguishers are close at hand to control any hazard that may arise.
r 1 1 . ,
Kenai Municipal Airport Regulations Page 37 of 48
With Recommended Changes from 8/15/12
No person shall smoke on the Airport, in any hangar or shop, servicing area, gasoline
storage area or in any building, room or place on the Airport where smoking is
specifically prohibited by the City Fire Chief or the Airport Manager.
? 12.05.035 Violations and penalties.
(a) It is unlawful for any person who operates any premises subject to regulation under this
chapter to fail to comply with any provisions of this chapter.
(b) It is unlawful for any person to smoke in any area where smoking is prohibited by this
chapter.
(c) Any person who violates any provision of this chapter shall be guilty of an infraction,
punishable by:
(I )A fine not exceeding one hundred dollars ($100.00), plus any surcharge required to be
imposed by AS 1155.039, for a first violation within a twenty -four (24) month period;
(2) A fine not exceeding two hundred dollars ($200.00),, plus any surcharge required to be
imposed by AS 12.55.039, for a second violation within a twenty -four (24) month period as
measured from the date of first violation; or
(3) A fine not exceeding five hundred dollars ($500.00), plus any surcharge required to be
imposed by AS 12.55.039, for a third or additional violations within a twenty -four (24) month_
period as measured from the date of first violation.
(d) Each and every day that such violation continues shall be deemed a separate and distinct
violation.
(e) Any person aggrieved by a violation or threatened violation of this chapter or the City may
bring a civil action against a person who violates this chapter and may recover a civil penalty
not to exceed three hundred dollars ($300.00) per violation. An action to enjoin a violation may
be brought notwithstanding the availability of any other remedy.
12.05.040 General requirements.
(a) The holder of a land lease on the [ALL LESSEES ON THE] Airport shall keep the
premises [HANGAR APRON AND RAMP AREAS] leased by them [RESPECTIVELY,
OR] and the apron and ramp areas used in their operations, clean and clear of oil,
grease, waste [AND OTHER] materials and [OR] trash, except as may be specifically
authorized [PROVIDED] to the contrary in the lease. [ANY SPECIFIC LEASE OR
CONTRACTS]
(b) No person shall keep uncovered trash containers on any part of the Airport. [IN ANY
AREA] No motor vehicle for hauling trash, dirt, or any other materials shall be operated
on the Airport unless the [SUCH] vehicle is constructed so as to prevent the contents
thereof from dropping, shifting or leaking, or otherwise escaping. [THEREFROM] No
person shall spill dirt or any other materials from a vehicle[S] on the Airport. Areas used
for trash or garbage containers shall be kept clean and sanitary at all times.
Kenai Municipal Airport Regulations Page 38 of 48
With Recommended Changes from 8/15/12
(c) No persons shall dispose of garbage, papers, refuse or other material on the Airport
except in receptacles provided for that purpose, and in compliance [ON
CONFIRMATION] with the City of Kenai ordinance on garbage and trash removal.
12,05.050 Fire extinguishers.
All tenants or lessees on the Airport shall supply and maintain such adequate and
readily accessible fire extinguishers as are provided by Fire Underwriters for the
particular hazard involved or, as may be determined to be [DEEMED] necessary by the
City Fire Chief. [OF THE CITY OF KENAI]
No tenant or lessee on the Airport shall store or stock material or equipment in such a
manner as to constitute a hazard to persons or property.
r .
(a) A person who releases a hazardous substance on the Airport shall immediately
contain and clean up the release, using methods that ensure that contamination
does not enter or spread on or in Airport land or water or in an Airport storm
water drainage system. A person responsible under this chapter for a release
shall immediately report the release to the Airport Manager and to each
regulatory agency that requires such a report. Submission of a report to the
Airport Manager under this subsection does not satisfy any other applicable
requirement for reporting a release of a hazardous substance to any regulatory
agency that has iurisdiction.
(b) If a person responsible under this chapter for a release does not take immediate
action to report, contain, and clean up the release, the City may report, contain,
or clean up the release as the City determines appropriate under the
circumstances. The City may seek reimbursement for the City's costs of
assessment reporting, containment and cleanup, as applicable, from any
person responsible for the release.
In this chapter,
(a) "hazardous substance" means any substance that is defined under an
environmental law as hazardous waste hazardous substance hazardous
material toxic pollutant contaminant, petroleum petroleum product or oil
(b) "release" has the meaning given in AS 46.03.826; and
Kenai Municipal Airport Regulations Page 39 of 48
With Recommended Changes from 8/15/12
(c) "responsible," when used in regard to hazardous substance contamination,
means having materially contributed to assumed under an assignment of lease
or being otherwise liable for contamination by law or contract;
Kenai Municipal Airport Regulations Page 40 of 48
With Recommended Changes from 8/15/12
HEMM
13.05.010
13.05.020
Delinquent
13.05.030
Land [GROUND] rental charges.
15 1 •. 1
Concessionaires.
13.05.050
government
13.05.060
Airport user fees and terminal rent.
1 # i
All billings are net due one (1) month payable to the City's Finance Department unless
otherwise noted thereon. [AT THE CITY'S CLERK'S OFFICE WITHIN FIFTEEN (15)
DAYS AFTER PRESENTATION UNLESS OTHERWISE NOTED THEREON].
1 i t.- • -
Delinquent bills will have imposed thereon a penalty of ten percent (10 %) and the
balance due shall draw interest at the rate of eight percent (8 %) per annum.
The rent charged to the holder of a lease for land on the Airport [CHARGES TO
LESSEES FOR GROUND RENTAL AT THE AIRPORT] shall be the amount [AS NOW,
AND AS MAY HEREAFTER BE] established by the City [COUNCIL] in accordance with
the Kenai Municipal Code and the terms of the lease.
Charges to concessionaires desiring space for other aviation or public services within
an Airport Terminal facility or elsewhere on the Airport will be contingent upon the type
of service to be rendered and the space desired, and as may be established thereafter.
13.05.050 Military /government aircraft.
Military and federal government aircraft using the Airport are [SHALL BE] exempt from
landing and transient parking fees. These exemptions shall not apply to a commercial
aircraft [OPERATIONS] that is chartered by, or leased to the military or federal
government[AL] agency. [IES]
i.1 ..
Kenai Municipal Airport Regulations Page 41
With Recommended Changes from 8/15/12
Users of the Airport shall pay fees set forth in the City's schedule of fees adopted by the
City Council,
Kenai Municipal Airport Regulations Page 42 of 48
With Recommended Changes from 8/15/12
CNT1F1". MMi E11F1
x_111111 -"'JA
14.05.010
14.05.020 Monthly reports.
M, WITI U11 rol Fir- NIT=
(a) A person who operates an aircraft at the Airport with a certificated maximum
[THERE SHALL BE A LANDING FEE OF FIFTY CENTS ($.50) PER THOUSAND
POUNDS OF WEIGHT ON AIRCRAFT WITH A CERTIFIED] gross take -off weight of
four thousand (4,000) pounds or more [OVER] shall pay the applicable landing fee
specified in the City's schedule of fees adopted by the City. [PAYABLE MONTHLY.
THE LANDING FEE SHALL BE COMPUTED ON THE CERTIFIED MAXIMUM GROSS
TAKEOFF WEIGHT OF EACH AIRCRAFT. THE MINIMUM MONTHLY LANDING FEE
IS T WENTY -FIVE DOLLARS ($25.00) PER COMMERCIAL OPERATOR]
(b) The following are exempt from the requirement to paV landing fees: [THERE IS NO
LANDING FEE FOR]
1 an aircraft [UNDER FOUR THOUSAND (4,000) POUNDS] with a certificated
[CERTIFIED] maximum gross take -off weight of less than four thousand (4,000)
pounds:
(2) military and federal government aircraft as provided under 13.05.050; [AND]
LL 2R all [NO LANDING FEE FOR] float planes, regardless of weight.
(4) the landing of an aircraft solely for the purpose of testing the aircraft or its
systems; and
(5) the landing of an aircraft operated by an air carrier that serves Airport when
the landing is solely for the purpose of training flight crew personnel.
By no later than the fifteenth (15th) day of each month, the operator of an aircraft that
uses the Airport and is subject to the payment of landing fees under 14.05.010, [ALL
COMMERCIAL OPERATORS OPERATING AIRCRAFT WITH A CERTIFIED GROSS
TAKEOFF WEIGHT OF FOUR THOUSAND (4,000) POUNDS OR OVER] shall submit
to the City a written report of [SHOWING] the [TOTAL NUMBER OF] landings for each
aircraft operated [OF DIFFERENT TYPES OF AIRCRAFT MADE ON] at the Airport
during the previous calendar month. [EACH MONTH] The[IS] report shall be
accompanied by payment of the [ABOVE] landing fees due for that month and must
Kenai Municipal Airport Regulations
With Recommended Changes from 8/15/12
include the aircraft operator's name and mailing address, and the following information
for each aircraft:
(a) The make, model, and certificated maximum gross takeoff weight;
(b) The registration number;
(c) The date of each landing;
(d) The date of each landing that is exempt from landing gees under
14.05.010(b) (4) & (5); and
(e) The total number of landings subject to the payment of landing fees under
14.05.010.
Kenai Municipal Airport Regulations Page 44 of 48
With Recommended Changes from 8/15/12
HEMMEM
15.05.010
40
(a) This chapter applies to each person who occupies space as a tenant in the City's
terminal building on the Airport under a lease or other agreement with the City.
b Each [ALL] tenant[S] must occupy the [SUCH] terminal space [AREAS AS]
designated for their specific type operation.
(c) Each air carrier that is a tenant [AIRLINE] must lease and occupy an area of not less
than 150 square feet of ticket counter space and 300 square feet of office space and
have direct access to the existing baggage build -up area Air carriers [AIRLINES] may
share existing facilities under an approved lease- sublease agreement.
(d) Each car rental concessionaire [AGENCIES] must occupy an area of not less than
one hundred (100) square feet of designated terminal space. [AND IN AN AREA AS
DESIGNATED FOR THE PURPOSE.]
(e) All other concessions and tenants in the terminal building shall operate in existing
designated facilities unless specific alterations are approved by the City
Manager. [COU NCI L]
(f) No temporary, non - profit, or public service activity shall be operated in the terminal
without the permission of the Airport Manager and may not operate for more than
[EXCESS OF] thirty days without approval of the City Manager. [COUNCIL]
(g) Vending machines, newspapers and other publications shall be placed in the
terminal building only [ACCORDANCE] with the permission and direction of the Airport
Manager. (INSTRUCTIONS]
Kenai Municipal Airport Regulations Page 45 of 48
With Recommended Changes from 8/15/12
fflm-•
16.05.010 Access to Restric-Aed AAre
16.0 5.020 .• Definitions.
(a) A person who desires to enter a restricted area through an Airport- operated gate
must
(1) first obtain a proximity card from the Airport Manager; or
(2) be escorted by a cardholder.
(b) To obtain a proximity card, a person must
(1) submit to the Airport Manager a written request that
(A) states the reason why the person requires access to the restricted
area:
(B) identifies the atq e or gates through which the person desires access•
and
(C) includes any additional information the Airport Manager reasonably
requires.
(2) pay the proximity card fee /deposit specified under Chapter 13.05.
(c) When issuing a proximity card the Airport Manager may
(1) request proof of personal identification from the person requesting the
Proximity card;
(2) limit the person's access to a single gate or specific gates; and
(3) if the person's need for access is temporary, limit the person's use of the
proximity card to a specific period of time.
(d) A cardholder shall not
(1) loan give, or transfer their proximity card to any other person;
Kenai Municipal Airport Regulations Page 46 of 48
With Recommended Changes from 8/15/12
(2) use their proximity card to open a gate for any person other than themselves
or a person who is under the cardholder's direct escort; or
(3 ) leave a gate open after the cardholder enters or exits a restricted area.
(e) The Airport Manager may, upon written notice to the cardholder, void the proximity
card and bar the cardholder from using an Airport gate if
(1) the cardholder fail to
(A) timely pay any Airport fee or rent the holder is obligated to pay by
virtue of a lease, permit business activity permit or Airport regulation
(B) comply with the terms under which the Airport Manager issued the key
c
(C) comply with a City ordinance applicable to the Airport or an Airport
regulation; or
(2) the period of time for which the Airport Manager issued the proximity card
expires.
(f) If the Airport Manager determines the action is necessary to provide for the safety or
security of the Airport in an emergency, the Airport Manager may, by electronic or other
means and without prior notice temporarily bar access to a restricted area by any
cardholder.
opening technology or to provide for t
Manager may require a cardholder to
(1) submit the proximity card to the Airport Manager for re- coding or replacement;
(2) surrender their proximity card to the Airport Manager in exchanqe for a
proximity card of alternate technology.
(h) When a cardholder returns their proximity card to the Airport Manager an
undamaged fully functional card to the Airport Manger, the City will pay the cardholder
the proximity card deposit specified under 13.05.060.
In this Chapter,
(a) "Cardholder" means a person to whom the Airport Manager issues a proximity
Kenai Municipal Airport Regulations Page 47 of 48
With Recommended Changes from 8/15/12
(b) "Proximity card" means a magnetic card or other portable electronic device used to
operate Airport- operated gates in the Airport perimeter fence.
Kenai Municipal Airport Regulations Page 48 of 48
With Recommended Changes from 8/15/12
a:'
y
,I 0 63 19 " t
To: Airport Commission
From: Mary Bondurant - Airport
Date: January 3, 2013
Subject: KMA Airport Directory
Attached for review and comment is an updated draft of a directory that includes all types
of information that would be helpful and of interest to all airport users; pilots and the
traveling public.
Please review and be prepared to discuss at the meeting.
Attachment
www.KenaiAirport.com
A l • • • •
0
. r • - + .
http://www.kenaiairport.com
Mary Bondurant, Airport Manager
Erica Shinn, Assistant to Manager
305 North Willow, Suite 200
Kenai, AK 99611
Phone 907 -283 -7951
Fax 907 - 283 -3737
Email: mbondurant @ci.kenai.ak.us
a WHO
a •- s • �#
The Kenai Airport has a precision instrument approach on Runway 19R and a non - precision instrument
approach on Runway 01L. There is a float plane basin with a separate taxi lane and tie down area. Fuel is
available 24 hours a day. Transit parking is available for wheeled, float and ski planes. Envelopes and
deposit slot for payment are provided in the registration building.
Fly -in camp sites are available at the float plane basin and gravel runway apron, as well as automated fuel
(100LL and Jet A) service with Visa or MasterCard.
Era Aviation and Grant Aviation provide scheduled passenger service to the Kenai Peninsula. Charter
service is also available at the airport.
The Regional Automated Flight Service Station is located in Kenai and is open 24 hours a day. Kenai Airport
has a restaurant and bar, car rentals, a travel agent, real estate agents and taxis. Hotel accommodations
are located nearby.
,. � i
*N60 degrees 34.28'W151 degrees 14.87'*
Runway heading (paved): 01L -19R 7830' x 150'
Runway heading (gravel): 0113-191- 2000' x 60'
MEMSEEMOMM
RADIO 122.65 and 122.2
TOWER 239.3 and 121.3
GND CON 121.9
1LTITHI 1110.1\I:to #e\011111TAM1> 1111II �
Transient and long term aircraft parking is available. Daily fee depends on weight of aircraft. Payment is
due before departing. Five (5) day maximum parking permitted in transient area unless special
arrangements are made at the Airport Manager's office.
Monthly and yearly parking is available. A long term aircraft tie -down permit must be completed and
returned with the Vt months tie -down fee to the Airport Manager's office. Electrical service is available on
some sites.
Permits are available at the Airport Manger's office and on our website.
http: / /www.kenaiairport.com
211111167B l2MEaIWA[yl11r
The Kenai float plane facility offers 25 long -term tie -down slips, 10 itinerant slips, accommodating
aircraft with up to a 48 -foot wing span in private slips and a 65 -foot wing span in commercial slips.
The landing and takeoff water runway is 4,653 feet long and 250 feet wide. There is vehicle
access to the facility via Float Plane Road off First Street.
Upon arrival, pilots must register and pay for parking. Envelopes and payment box are provided
in the registration building.
There is a transition ramp and paved apron for those who wish to convert from floats to ski's or
wheels. There is also fuel available 24 hours via a credit card fueling facility and camping spots.
For additional information about airport facilities, call the Airport Manager at 907 - 283 -7951.
Water Lane for Sea Planes
N60 degrees 34.28'W151 degrees 14.87'
Heading 01W -19W 3500'x150'
Revised September 6, 2000
The following procedures are in effect to promote a good neighbor policy between the users of the Kenai
Municipal Airport and the residents of Kenai. This program is published as voluntary in nature, however, it
is expected that companies and individual pilots operating at this facility will make every effort to follow
these procedures.
These procedures are directed at large, heavy and jet aircraft performing training maneuvers and do not
override procedures for aircraft on an IFR flight plan.
Unless otherwise instructed by Air Traffic Control, the following voluntary noise abatement procedures are
in effect at Kenai.
1. Training flights for large, heavy and jet aircraft will be prohibited from 2200 Local until 0700 Local.
2. At the discretion of ATC (Air Traffic Control) and when traffic, wind, and other conditions allow,
aircraft will land runway 19R and depart 01L.
3. These procedures are written assuming a right traffic pattern on 01L. If conditions do not allow for
this or other noise abatement procedures to be followed. ATC will restrict aircraft to one operation
and request they depart the airspace until such time as there is a reasonable expectation that noise
abatement procedures can be adhered to.
4. Large, heavy and jet aircraft will strictly comply with the 1600 MSL visual pattern altitude.
® Visual patterns using Runway 19R: Aircraft on departure will not turn crosswind until at
least 1000 MSL and % mile past the shoreline. A wide pattern will be flown west of the
prison.
® Visual pattern on Runway 01L: Fly a wider than normal pattern, remain west of prison.
Initiate turn to base %2 mile past the shoreline over the water.
5. Large, heavy and jet aircraft circling from a published approach under VFR will do so at 1000 AGL or
higher. Aircraft will circle west and initiate circle so as to avoid housing areas west and southwest
of the airport.
® Circle to Runway 19R: Initiate circle over water at least %: mile from the shoreline. Fly a
wider than normal pattern and remain west of the prison.
r Circle to Runway 01L: Fly a wider than normal pattern, remain just west of the prison.
Initiate turn to base at least % mile past the shoreline over the water.
6. No tactical (extreme low level) type approaches are permitted on 01L.
7. All companies desiring to conduct training activities involving large, heavy or jet aircraft at the
Kenai Municipal Airport will provide the Airport Manager with a contact phone number for noise
complaints.
It is expected that all pilots operating at this facility will demonstrate regard for the neighboring
community and conduct their operations accordingly.
ERA Aviation- FlyEra.corn
Reservations
Fax
Kenai Baggage Service
Kenai Air Cargo
Grant Aviation
Reservations
Fax
Toll Free
AIR CARRIERS
800- 866 -8394
907 - 283 -4131
907 - 283 -3028
907 - 283 -9091
907- 283 -6012
907 - 283 -6025
888- 359 -4726
Kenai Aviation
Air Taxi /Carrier - Single and multi- engine fixed wing aircraft
Phone: 907 - 283 -4124
Fax: 907 - 283 -5267
CAR RENTALS
Avis Rent A Car
Phone: 907 - 283 -7900
Fax: 907 - 283 -2005
Budget Rent A Car of Kenai
Phone: 907 - 283 -4506
Fax: 907 - 283 -5004
REAL ESTATE
Alaska Realty Group, Inc.
Phone: 907- 335 -3333
Fax: 907 - 283 -3883
GIFT SHOP
RESTAURANT- LOUNGE
P1's Diner
Hours: 7:00 AM to 9:00 PM Monday- Saturday
7 AM -4PM Sunday
Phone: 907 - 335 -1432
Upper Deck Airport R.
.0
Alaska Cab Inc.
Phone: 907 - 283 -6000
Or 907 - 262 -1555
Hairy's Cab
Phone: 907- 252 -0251
am
Phone: 1-800-463-3339
Phone: 800 - 742 -5877
TAXI SERVICES
SERVICES
Kenai Flight Service Station
Flight services, weather information, flight planning, emergency services
Phone: 907 - 283 -3735
Fax: 907- 283 -4391
Kenai Convention & Visitors Bureau
Promotes Kenai as a visitor destination and also manages the Kenai Visitors and Cultural Center for the City
of Kenai
Phone: 907 - 283 -1991
Fax: 907 - 283 -2230
Peninsula Aero Technology
Avionics sales and service
Phone: 907 - 283 -1441
Fax: 907 - 283 -1442
Crowley Petroleum, Inc.
Phone: 907 - 283 -4542
Fax: 907 -283 -7893
Air Supply Alaska, Inc.
Air cargo, fuel, propane, grocery services
Phone: 907- 335 -1900
Fax: 907 - 335 -1901
FEDERAL AVIATION ADMINISTRATION
Air Traffic Control Tower
Phone: 907- 283 -7245
Airways Facilities Sector
Field Office: 907- 283 -7216
Radar Site: 907- 283 -4189
Maintenance AFSS: 907 - 283 -5132
Flight Service Station
470 N. Willow St. Kenai, AK 99611
Pilot Weather Briefing 800 - 992 -7433
Transcribed Weather 907 -283 -4332
rt
907 - 283 -7801
James V. Zirul
220 Spur View Drive Kenai, AK 99611
Home Ph: 283 -5728 Business Ph: 283 -5400
James L. Bielefeld
P.O. Box 46 Kenai, AK 99611
Home Ph: 260 -3148 Business Ph: 283 -4124
Henry H.Knackstedt
1602 Barabara Drive Kenai, AK 99611
Home Ph: 283 -2853 Business Ph: 262 -2021
Glenda Feeken
10672 Kenai Spur Highway, #109 Kenai, AK 99611
Home Ph: 283 -9397 Business Ph: 283 -5888
Kathy Roser
305 N. Willow St. Ste. 150 Kenai, AK 99611
Home Ph: 283 -7517 Business Ph: 283 -3322
Andrew McClure
P.O. Box 966 Kenai, AK 99611
Andrew.mcclure@faa.gov
Larry E. Porter
310 Rogers Road Kenai, AK 99611
Home Ph: 283 -4348 Business Ph: 283 -1581
Council Member Brian Gabriel
2305 Watergate Wy. Kenai, AK 99611
Home Ph: 283 -4519 Business Ph: 690 -2089
Mary Bondurant, Airport Manager
305 N. Willow St., Suite 200 Kenai, AK 99611
Business Ph: 283 -7951
CITY OF KENAI
r
Mayor Pat Porter
310 Rogers Road Kenai, AK 99611
Home Ph: 283 -4348 Business Ph: 252 -5992
Mike Boyle
1516 Stellar Drive Kenai, AK 99611
Home Ph: 283 -0820
Robert Malloy
110 S. Willow St. Kenai, AK 99611
Home Ph: 283 -7102 Business Ph: 283 -7373
Tim Navarre
P.O. Box 92 Kenai, AK 99611
Home Ph: 394 -2303
Ryan Marquis
P.O. Box 569 Kenai, AK 99611
Home Ph: 283 -7405 Business Ph: 398 -8058
Terry Bookey
P.O. Box 406 Kenai, AK 99611
Home Ph: 283 -5705 Business Ph: 394 -8040
Brain G. Gabriel, Sr.
2305 Watergate Wy. Kenai, AK 99611
Home Ph: 283 -4519 Business Ph: 690 -2089
Alaska King's Inn Hotel 907- 283 -6060
Toll Free 877- 883 -6060
10352 Kenai Spur Hwy
Aspen Extended Stay Suites 907- 283 -2272
10431 Kenai Spur Hwy
Kenai Airport Hotel 907 - 283 -1577
230 N Willow Street
Kenai Merit Inn 907 - 283 -6131
260 S. Willow
Uptown Motel 907- 283 -3660
47 Spur View Drive
I [oil a l m : � xa r _ � � � : � e I ► � �.�
Acapulco Mexican Restaurant 907 - 283 -8799
10672 Kenai Spur Hwy
Arby's 907- 283 -3911
10733 Kenai Spur Hwy
Burger Bus 907 - 283 -9611
912 Highland Ave
Carl's Jr 907 - 283 -3538
10640 Kenai Spur Hwy
Charlotte's Restaurant 907 - 283 -2777
115 S. Willow Street
Davis & Sons Pit BBQ 907 - 335 -4227
11440 Kenai Spur Hwy
Don Jose's Mexican Restaurant 907 - 283 -2711
205 S. Willow Street
Playa Azul 907 -283 -2010
12498 Kenai Spur Hwy, Suite 1
Jersey Subs 907 - 283 -9898
106 S. Willow
Katina's Greek & Italian Restaurant 907 - 283 -4403
11888 Kenai Spur Hwy #4
Louie's Steak & Seafood 907- 283 -3660
47 Spur View Drive
McDonalds 907- 283 -4008
10447 Kenai Spur Hwy
New Peking Chinese Restaurant 907 - 283 -4662
145 S. Willow Street
Paradisos Restaurant 907 - 283 -2222
811 Frontage Rd.
Pizza Hut 907- 283 -3900
10160 Kenai Spur Hwy
Subway 907 -283 -7720
10544 Kenai Spur Hwy
Thai Town 907 - 283 -7250
106 S. Willow Street
ALASKAN AIRPORTS
DOT /PF Statewide Aviation 907- 269 -0724
Fax 907 - 269 -0489
Aniak Airport (AiNI) 907- 675 -4345
Fax 907 - 675 -4265
Aniak Station, Aniak AK 99557
Barrow Airport BBRW) 907- 852 -6199
Fax 907 - 852 -3073
PO Box 367, Barrow AK 99723
Bethel Airport (BET) 907 -543 -2495
Fax 907 -543 -4442
PO Box 505, Bethel AK 99559
Cold Bay Airport (CDB) 907 -532 -5000
Fax 907 -532 -2416
PO Box 97, Cold Bay AK 99571
Cordova Airport (CDV) 907 -424 -3202
Fax 907 - 424 -3240
PO Box 598, Cordova AK 99574
Deadhorse Airport (SCC) 907 -659 -2553
Fax 907 - 659 -2216
Pouch 340002, Prudhoe Bay AK 99734
Dillingham Airport (DLG) 907 - 842 -5511
Fax 907 - 842 -3011
PO Box 250, Dilligham AK 99576
ALASKAN AIRPORTS
Fairbanks Int'I Airport (FAI) 907 -474 -2500
Fax 907- 474 -2513
Mail Stop 2551, 6450 Airport Wy #1
Fairbanks AK 99709
Galena Airport (GAL) 907 -656 -1236
Fax 907 - 656 -1898
PO Box 9, Galena AK 99741
Homer Airport (HOM) 907 - 235 -8872
Or 907 - 235 -5217
Fax 907 -235 -2498
2336 Kachemak Drive, Homer AK 99603
Iliamna Airport (ILI) 907 -571 -1261
Fax 907 -571 -1298
PO Box 187, lliamna AK 99506
Juneau Int'I Airport (JNU) 907 - 789 -7821
Fax 907 - 789 -1227
1873 Shell Simmons Drive, Suite 200, Juneau AK 99801
Kenai Airport (ENA) 907 - 283 -7951
Fax 907 - 283 -3737
305 N. Willow, Suite 200, Kenai AK 99611
Ketchikan Airport (KTN) 907 - 225 -6800
Fax 907 - 225 -2939
1000 Airport Terminal Building, Ketchikan AK 99901
ALASKAN AIRPORTS
King Salmon Airport (AKN) 907 - 246 -3325
Fax 907 - 246 -3023
PO Box 65, King Salmon AK 99613
Kodiak Airport (ADQ) 907- 487 -4363
Fax 907- 487 -4913
1500 Anton Larson Rd., Kodiak AK 99615
Kotzebue Airport (OTZ) 907 -442 -3147
Fax 907 - 442 -2127
P.O. Box 55, Kotzebue AK 99752
Merrill Field Airport (MRI) 907 - 343 -6303
Fax 907 - 276 -8421
800 Merrill Field Dr., Anchorage AK 99501
Nome Airport (OME) 907 - 443 -2500
Fax 907- 443 -2679
P.O. Box 1048, Nome AK 99762
Petersburg Airport (PSG) 907- 772 -4624
Fax 907- 772 -3641
P.O. Box 1108, Petersburg AK 99833
Sitka Rocky Gutierrez Airport (SIT) 907 - 966 -2960
Fax 907- 966 -2961
605 Airport Rd., Sitka AK 99835
ALASKAN AIRPORTS
Ted Stevens Anchorage Intl Airport (ANC)
Phone 907 - 266 -2529
Fax 907 - 243 -0663
P.O. Box 196960, Anchorage AK 99519
Unalaska Airport (DUT) 907 -581 -1786
Fax 907 -581 -1850
P.O. Box 920525, Dutch Harbor Al( 99692
Valdez Airport(VDZ) 907 -835 -5658
Fax 907 -835 -5849
P.O. Box 507, Valdez AK 99686
Wrangell Airport (WRG) 907 - 874 -3107
Fax 907- 874 -3994
P.O. Box 1351, Wrangell AK 99929
Yakutat Airport (YAK) 907 -784 -3293
Fax 907- 784 -3489
P.O. Box 186, Yakutat AK 99689
MITI t I e1 I [� 7 f I [.Y.� � Z s I I _� fuel 01[
Airline Pilots Association (ALPA)
P.O. Box 1169
Herndon, VA 20172
703- 689 -2270
Airports Council Int'I -North America (ACI -NA)
1775 K. Street, Suite 500
Washington, DC 20006
202 - 293 -8500
Air Transport Association (ATA)
1301 Pennsylvania Ave., NW, Suite 1100
Washington, DC 20004
202- 626 -4000
Alaska Air Carriers Association
929 E. 81st Ave., #108
Anchorage, AK 99518
907 - 277 -0071
Alaska Airmen's Association
P.O. Box 241185
Anchorage, AK 99524
907- 245 -1251
Alaska Aviation Safety Foundation
4340 Postmark Drive
Anchorage, AK 99508
907 - 243 -7237
Alaska Seaplane Pilots Association
1557 Sunrise Drive
Anchorage, AK 99508
907 - 274 -2990
Alaskaland Air Museum
2300 Airport Way
Fairbanks, AK 99701
907 - 451 -0037
American Association of Airport Executives (AAAE)
601 Madison St., Suite 400
Alexandria, VA 22314
703 - 824 -0500
Cargo Airline Association
1220 19t' St. NW, 4400
Washington, DC 20036
202- 293 -1030
tsmaIoanfird I;# y!T►'T
The City of Kenai has airport frontage property available for lease for commercial, airport - related use.
Businesses requiring airport frontage that are looking for less expensive leases or better access to serve
the smaller communities of the Kenai Peninsula, may want to take advantage to this strategically located
property.
For information about land leasing within the City of Kenai, please call the City Manager's office at 907-
283 -8223
I 110191:7_3► 1
The City of Kenai has established a Disadvantaged Business Enterprise (DBE) program in accordance with
regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The City of Kenai has received
federal assistance from the DOT, and as a condition of receiving this assistance, the City of Kenai has
signed an assurance that it will comply with 49 CFR Part 26.
It is the policy of the City of Kenai to ensure that DBE's, as defined in Part 26, have an equal opportunity to
receive and participate in DOT assisted contracts. It is also our policy to:
® Ensure nondiscrimination in the award and administration of DOT assisted contracts.
® Create a level playing field on which DBE's can compete fairly for DOT assisted contracts;
® Ensure that the DBE program is narrowly tailored in accordance with applicable law;
® Ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to
participate as DBE's;
® Help remove barriers to the participation of DBE's in DOT assisted contracts; and
® Assist the development of firms that can compete successfully in the market place outside the DBE
program.
The Airport Manager has been delegated as the DBE Liaison Officer. In that capacity, the Airport Manager
is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is
accorded the same priority as compliance with all other legal obligations incurred by the City of Kenai in its
financial assistance agreements with the DOT.
For more information, please call 907 - 283 -7951
APU
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210 Fidalgo Avenue, Kenai, Alaska aJ rJbl l -r ry4 a..Zoo
Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 i`101
1992
• : Airport Commission D
Strategies (KEDS) Action Team
FROM: Rick Koch, City Manager
DATE: January 3, 2012
The purpose of this correspondence is to discuss the Administration's request that the
Airport Commission in conjunction with the KEDS Team review KMC 21.10 Leasing of
Airport Reserve Lands, and KMC 21.15 Lease and Sale of Airport Land Outside the
Airport Reserve, and suggest changes, deletions, additions to code which would result
in a more "business- friendly" environment to increase economic activity upon airport
lands.
In 2006, the City amended the Kenai Municipal Code specifically relating to lease of
lands within the airport reserve and for lease /sale of lands outside the airport reserve.
One of the primary issues being addressed was to protect airport lands from sale, and
to ensure quality development occurred.
While well intentioned, the practical effect of some of the amendments to the Code has
been to restrict development opportunities through overly burdensome requirements
and limit financial benefits to the proposed developer /leaseholder.
The Administration is not requesting that the Commission and KEDS explore the sale of
Airport Lands, but rather to develop strategies that will attract businesses to lands for
lease by the airport.
Our code does little to incentivize private sector investment in airport lands. The
Administration has proposed that costs associated with improvements upon airport
leased lands for items that will forever be to the benefit of the Airport be credited against
future lease payments. For example, if a leaseholder must clear & grub, remove
unclassified excavation, and provide classified fill and backfill to develop an airport
lease the cost associated with these activities will result in a dollar for dollar credit
against future lease payments.
As presently written, the code requires that a leaseholder of airport lands must simply
walk away from any remaining value in their investment at the term of their lease. I
believe this to be an unreasonable requirement.
The maximum term of lease is 35 years (given a minimum investment of $500,000),
without a guaranteed right of renewal. I believe this is unreasonable.
Airport lands are to be utilized for the best interest of the airport. Given that the Airport
only receives lease payments from the lessor, and does not receive property tax, sales
tax, or any other source of revenues, some of the requirements contained in the Code
are simply not in the best interest of the Airport, as they have substantially limited
interest in Airport lands.
I will have additional information to provide at the Airport Commission meeting of
January 10, 2012.
Thank you for your willingness to take on this task.
attachments
Chapter 21.10 LEASING OF AIRPORT RESERVE LANDS Page 1 of 10
Renal M uniciipail Code
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Title 21 CITY AIRPORT AND AIRPORT LANDS
Chapter 21.10 LEASING OF AIRPORT RESERVE LANDS
21.10.010 Airport Reserve land.
(a) This chapter applies to airport-owned land within the Airport Reserve.
(b) The provisions of this chapter shall not alter or amend the terms or rights granted under leases existing prior
to the effective date of this chapter.
(c) Pending lease applications for airport land filed prior to the effective date of this chapter shall be processed
and issued under the provisions of KMC Titles 21 and 22 in existence immediately prior to the effective date of
this chapter. Otherwise the provisions of this chapter shall apply.
(Ord. 2180-2006)
21.10.020 Lands available for leasing.
(a) Subject to the provisions of this chapter, City -owned land within the Airport Reserve may be leased as
provided in this chapter unless the land is identified in the latest Federal Aviation Administration- approved
Airport Layout Plan for the airport or in the latest Airport Land Use Plan as being required for the operation or
safety of the airport, or for the construction, preservation, future construction, or future expansion of facilities on
the airport, including:
(1) Runways, runway safety areas, taxiways, aprons, water lanes, water taxiways, and other aircraft operational
areas;
(2) Access roads, public streets, parking lots, and other facilities for use by motor vehicles; and
(3) Public terminal buildings.
(b) Notwithstanding subsection (a) of this section:
(1) Apron space may be leased, but only for aircraft fueling, loading, unloading, parking and maneuvering
proposes; and
(2) Land required for the future construction or future expansion of airport' facilities:
(i) May be leased for an interim period not extending beyond the date on which the City Manager determines
the land will be required for the construction or expansion, but
(ii) May not be leased if the City Manager determines that granting the lease would interfere with, or
jeopardize, the safe operation of the airport.
(Ord. 2180 -2006)
An applicant or bidder for a lease is qualified if the applicant or bidder:
(a) Is an individual at least eighteen (18) years of age;
(b) Is a group, association, or corporation which is authorized to conduct business under the laws of Alaska; or
(c) Is acting as an agent for another and has qualified by filing with the City Manager a proper power of
attorney or a letter of authorization creating such agency. The agent shall represent only one (1) principal to the
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Chapter 21.10 LEASING OF AIRPORT RESERVE LANDS Page 2 of 10
exclusion of himself or herself. The term "agent" includes real estate brokers and agents.
(Ord. 2180 -2006)
(a) All applications for lease of lands shall be submitted to the City Manager on forms provided by the City
Manager, together with the non- refindable filing fee and any applicable deposit required under KMC 21.10.050.
The City Manager shall not accept an application that the Manager determines to be incomplete. Upon receipt of
a complete application, filing fee, and any applicable deposit, the City Manager shall cause the application to be
stamped with the date and time of its receipt.
(b) With every application, the applicant shall submit:
(1) A development plan, showing and stating:
(i) The purpose of the proposed lease,
(ii) The use, nature, proposed location on the premises, and estimated cost of improvements to be constricted,
(iii) The type of construction,
(iv) The anticipated construction beginning and completion dates (ordinarily two (2) years), and
(v) Whether the intended use and proposed development conforms with the:
(A) Zoning ordinance of the City,
(B) Comprehensive plan of the City,
(C) Latest Federal Aviation Administration- approved Airport Layout Plan for the airport, and
(D) The latest Airport Land Use Plan;
(2) A business plan, if the applicant proposes to operate a business on the proposed premises. The plan must
include:
(i) A comprehensive description of the proposed business,
(ii) The number of people the applicant expects to employ in the business during its first fill year of operation;
(3) A site plan, if the land the applicant desires to lease is not a platted lot or tact. The site plan must show the
location and dimensions of the proposed lease site, but need not be prepared by an engineer or surveyor; and
(4) A KPB tax compliance certificate and statement that the applicant is current with any charges, fees, rents,
taxes or other sums due and payable to the City.
(c) Anytime during the processing of a lease application, the City Manager may request, and the applicant shall
supply, any clarification or additional information that the City Manager reasonably determines is
necessary for the City to make a'final decision on the application.
(Ord. 2180 -2006)
21.10,050 Filing fee and deposit.
(a) When submitting an application for lease of land, the applicant shall pay the City the following as set forth
in the City's schedule of fees adopted by the City Council:
(1) Pay a non - refundable tiling fee; and
(2) A deposit to show good faith and secure the City in payment of any costs, including:
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Chapter 21.10 LEASING OF AIRPORT RESERVE LANDS Page 3 of 10
(A) An appraisal cost recovery deposit, and
(B) An engineering, surveying and consulting cost recovery deposit.
(b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through
no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit
made under subsection (a)(2) of this section shall be returned to the applicant.
(c) 1f the City enters into a tease with the applicant any deposit made by the applicant under subsection (a) of
this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing of
the applicant's application and entering into the lease. The City will apply any unused balance of a deposit: to the
rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the
shortage to the City as a condition of the lease.
(d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as determined
by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the
applicant's application and apply any deposit made by the applicant under subsection (a) of this section to the
City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the
City's costs for appraisal, engineering and consulting costs exceed the deposits, the applicant will be responsible
for these costs. The City will return any unused deposit balance to the applicant.
(Ords. 2180 -2006, 2528 -2011)
21.10.060 No right of occupancy- Application expirations.
(a) Submitting an application for a lease does not give the applicant a right to lease or use the land requested in
the application.
(b) If the City does not reject the application, an application shall expire on the earlier of the following:
(1) Twelve (12) months after the date stamped on the application under KNIC 21.10.040(a) if the City and the
applicant have not, by that time, entered into a lease, unless the Council for good cause grants an extension for a
period not to exceed six (6) months; or
(2) The deadline date established under KMC 21.10.140, including any extension of time granted thereunder.
(Ord. 2180 -2006)
21.110.070 Application processing procedure.
(a) Initial application review by:
(1) Assistant to the City Manager (for application completeness; conformance with Title 21);
(2) Airport Manager (for conformance with the Airport Land Use Plan, Airport Layout Plan, Airport Master
Plan, FAA regulations, AIP grant assurances, and airport operations);
(3) City Planner (for conformance with the Airport Land Use Plan, Comprehensive Plan, municipal zoning,
and future airport improvement projects); and
(4) City Manager (for adequacy of the applicant's business plan and construction financing plans).
(b) The above staff shall present to the City Manager their joint recommendation for action on the application,
such as rejection, approval, or approval of a staff alternative.
(c) If the City Manager concurs with the staff recommendation, the Manager will:
(1) Issue a rejection letter, stating the reasons for rejection; or
(2) Refer the application to the Airport Commission and the Planning and Zoning Commission for review and
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Chapter 21.10 LEASING OF AIRPORT RESERVE LANDS
Page 4 of 10
comment, together with the Manager's recommendation for approval or approval of the staff alternative; and
(3) Inform the City Council of the Manager's recommendation.
(d) If the City Manager refers the application to the Commissions, the City Manager will consider the
recommendations of the Commissions- and:
(1) Issue a rejection letter, stating the reasons for rejection; or
(2) Approve the application or staff alternative, and direct the staff to issue the Lease; and
(3) Inform the City Council of the Manager's decision to approve or reject the application; or
(4) Obtain the City Council's concurrence if the Manager's decision to approve or reject the application is
contrary to the recommendations of the Commissions.
(e) An applicant whose application is rejected by the City Manager may appeal to the City Council within
fifteen (15) days following the date on which the Manager's rejection letter was hand delivered or placed in the
U.S. mail.
(t) If another complete and otherwise approvable application for tease of the same property is submitted by a
different applicant before the City Manager enters into a lease with the first applicant, the City Manager will
forward the applications, the Manager's recommendation and the Commissions' recommendations to the City
Council for approval of the application anticipated to best serve the interests of the City. The Council may
approve one of the applications or direct the City Manager to award a lease of the property by sealed bid.
(g) Grounds for the City Manager to reject an application include:
(1) The applicant's failure to provide any clarification or information required under this chapter;
(2) The applicant's proposed development or use of the land is inconsistent with:
(A) The zoning ordinance of the City,
(B) The comprehensive plan of the City,
(C) The latest Federal Aviation Administration - approved Airport Layout Plan for the airport,
(D) Any obligation of the City under the Airport Sponsor Grant Assurances to the Federal Aviation
Administration,
(E) The latest Airport Land Use Plan, or
(F) A regulation of the Federal Aviation Administration applicable to the airport;
(3) The applicant's proposed development or use of the land would violate a Federal, State, or local law,
including an ordinance or regulation of the City;
(4) The applicant's failure to reasonably demonstrate The financial viability of the applicant's proposed
development
or of the business the applicant proposes to operate;
(5) The applicant is in default of any charges, fees, rents, taxes, or other sums due and payable to the City;
(6) The applicant is in default of a requirement of any lease or contract with the City;
(7) The application is rejected by the City Council in favor of another application for the same land under
subsection (f) of this section;
(8) The City Council decides, under subsection (t) of this section, to reject all applications and award a lease of
the land by sealed bid; and
(9) The City Manager or the City Council determines that approval of the application is not in the best interest
of the City.
(h) The City Council may waive provisions of this chapter to lease property or interests in real property with
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Chapter 21.10 LEASING OR AIRPORT RESERVE, LANDS
Page 5 of 10
the United States, the state or an Alaska political subdivision when in the judgment of the council it is
advantageous to the municipality to do so.
(Ord. 2180-2006)
(1) An application submitted by an existing tenant for an amendment, term extension, or renewal of the
tenant's lease shall be subject to the requirements and procedures of KMC 21.10.010 through 21.10.070, except
that:
(a) KMC 21.10.040(b)(1), (2) and (3) shall not apply to an application that does not include a proposal to
constrict new improvements on the premises;
(b) KMC 21.10.040(b)(3) shall not apply to an application that does not include a proposal to add, delete, or
alter a business authorized under the lease;
(c) The appraisal deposit under KMC 21.10.050(a)(2)(i) shall not be required for an application for a lease
amendment that, if approved, will not alter the size or value of the premises; and
(d) The deposits under KMC 21.10.050(a)(2)(i) and (ii) shall not be required for an application for a lease
amendment that, if approved, will make only administrative changes in the lease and will not alter the authorized
use, size, or value of the premises or if the City Manager determines the City will not incur any engineering,
surveying or consulting costs.
(2) Notwithstanding subsection (1) of this section, the Council may by resolution grant a lessee the contractual
right to a lease renewal upon such terms and conditions as it determines are in the best interests of the city.
(Ords.2180- 2006,2227 -2007)
21.10.090 Length of lease term.
(a) Unless the City determines a shorter lease term is in the best interest of the City, the length of term for a
lease granted for land within the Airport Reserve will be based on the amount of investment the applicant
proposes to make in the construction of new permanent improvements on the premises during the first twenty -
four (24) months following the beginning date of the lease or lease extension.
(b) Unless the City determines a shorter lease term is in the best interest of the City, the length of term for a
Lease renewal shall be based on a City - approved appraisal of the value of the permanent improvements on the
property as set forth in the table in subsection (d)(I) of this section. The appraisal shall be performed by an
independent appraiser certified under Alaska Statute 8.87 with experience appraising airport improvements. The
appraisal shall be paid for by the lessee.
(c) Ifthe applicant proposes to make less than one hundred thousand dollars ($100,000.00) in new permanent
improvements on the premises, the maximum term of a new lease shall be five (5) years.
(d) if the applicant proposes to invest one hundred thousand dollars ($100,000.00) or more in new permanent
improvements on the premises:
(1) The maximum term of a new lease or a renewal of an expiring lease shall be determined according to the
following table:
Applicant's Investment/ Maximum
Value (in U.S. Dollars) Term of
is at Least Years
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Chapter 2 L I0 LEASING OF AIRPORT RESERVE LANDS Page 6 of 10
Less than $100,000
5
$100,000— $199,000
15
$200,000 — $299,000
20
$300,000— $399,000
25
$400,000 — $500,000
30
More than $500,000
35
(2) The maximum term extension for an existing lease shall be one (1) year for each twenty -five thousand
dollars ($25,000.00) of additional investment, provided that the total of the remaining lease term and the
extension shall not exceed thirty -five (3 5) years.
(3) A bona fide third party purchaser of airport improvements may get an extension for an existing lease
acquired with improvements based on a City - approved appraisal of the improvements purchased. Unless the City
determines a shorter lease term is in the best interest of the City, the extension shall be based on the table in
subsection (d)(1) of this section provided no extension shall extend a lease term past thirty -five (35) years. The
appraisal shall be performed by an independent appraiser certified under. Alaska Statute 8.57 with experience
appraising airport improvements. The appraisal shall be paid for by the lessee.
(e) In the lease granted to the applicant, the City Manager will include a provision requiring the applicant to
substantially complete the proposed permanent improvements within a reasonable period of time, considering the
cost and nature of the improvements. Provided however, that the time allowed shall not ordinarily exceed
twenty -four (24) months after the effective date of the lease.
(t) In the lease extension granted to the applicant, the City Manager will include a provision requiring the
applicant to complete the additional proposed permanent improvements within a reasonable time period,
considering the cost and nature of the improvements provided that the time period shall not ordinarily exceed
twenty -four (24) months after the effective date of the lease extension.
(g) The City Manager will include a provision in a lease or lease extension requiring the lessee to provide a
performance bond, deposit, personal guarantee, or other security if the Manager determines security is necessary
or prudent to ensure the applicant's completion of the permanent improvements within the time period set under
subsections (e) or (t) of this section. The City Manager will determine the form and amount of the security
according to the best interest of the City, considering the nature and scope of the proposed improvements and the
financial responsibility of the applicant.
(h) The applicant shall, within thirty (30) days after completion of the permanent improvements, submit to the
City Manager written documentation that the improvements have been completed as required under subsection
(e) or (f) of this section.
(i) If the applicant shows good cause to the City Manager, and the Manager determines the action is not
inconsistent with the City's best interest, the Manager may grant an exten-
Sion that is sufficient to allow for the completion of the permanent improvements or for submission of
documentation that the permanent improvements have been
completed under this section. No extension or combination of extensions granted will exceed twelve (12)
months.
0) If within the time required under subsection (e) or (f) of this section, including any extension granted under
subsection (i) of this section, the applicant fails to complete the required permanent improvements, the City
Manager will execute the forfeiture of the performance bond, deposit, personal guarantee, or other security
posted by the applicant under subsection (g) of this section to the extent necessary to reimburse the City for all
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Chapter 2LI0 LEASING OF AIRPORT RESERVE LANDS
Page 7 of 10
costs and damages, including administrative and legal costs, arising from the applicant's failure to complete the
required improvements, and initiate cancellation of the lease or reduce the term of the lease to a period consistent
with the portion of the improvements substantially completed in a timely manner according to the best interests
of the City.
(k) The City Manager shall review rates, charges and the invesfrnent/value in the chapter every five (5) years to
see if adjustments should be made.
(1) When used in this section, the following terms shall have the meanings given:
(1) "Expiring lease" means a lease with less than one (1) year of term remaining;
(2) "Existing lease" means a lease with at least one (1) year of term remaining;
(3) "Permanent improvement" means a fixed addition or change to land that is not temporary or portable;
(i) "Permanent improvement" includes;
(A) A building, building addition, retaining wall, storage tank, earthwork, till material, gravel, and pavement,
and
(B) Remediation of contamination for which the applicant is not responsible;
(ii) "Permanent improvement" excludes items of ordinary maintenance, such as glass replacement, painting,
roof repairs, door repairs, plumbing repairs, floor covering replacement, or pavement patching.
(Ord. 2180-2006)
(a) Beginning in 2007 and at intervals of approximately five (5) years thereafter, the City Manager shall retain
the services of an independent, qualified real estate appraiser certified under Alaska Statute 8.87 to determine a
zone -based square foot lease rate for all land within the Airport Reserve that is under lease or available for lease
based on the fair market value of the property and the appropriate market lease rate for property within the
Airport Reserve. Lease applications filed after the effective date of this chapter but prior to completion of the
initial lease rate determination shall have a rental rate of eight percent (8 %) of fair market value until the first
June 30 after the zone -based square 'foot lease rate is established under this subsection, after which the lease rate
shall be as established in the zone -base square foot method described above.
(b) Following the date on which the City Manager accepts the determinations made under subsection (a) of this
section, the Manager shall establish rental amounts for leases as follows:
(1) For each new lease granted by the City under this chapter, the rental shall be as determined under
subsection(a) of this section; and
(2) For leases in existence prior to the effective date of this chapter, the lease rate shall be determined as
provided in the lease.
(c) Under this section, when determining the fair market value of the premises of an existing lease, an appraiser
shall appraise the property:
(1) In its condition as of the inception of the lease;
(2) Plus any improvements or amenities subsequently provided by the City; but
(3) Excluding any improvements or amenities provided by the City under KMC 21.10.110, if lessee has
reimbursed the City, or entered into an agreement to reimburse the City, for the cost of the improvements or
amenities.
(Ord. 2180-2006)
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Chapter 2 1. 10 LEASING OF AIRPORT RESERVE LANDS
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(a) The City Manager may include in a lease a requirement for the lessee to reimburse the City for the City's
cost of:
(1) Land clearing, gravel fill, utility extensions and other improvements or amenities on or in direct connection
with the premises, constructed by the City prior to the effective date of the lease; or
(2) Land clearing, gravel fill, utility extensions and other improvements or amenities on or in direct connection
with the premises, which the City agrees to construct as a condition of the lease, subject to City Council
approval.
(b) The lessee shall reimburse the City for the City's cost of constructing the improvements in ten (10) equal
annual payments, plus interest at eight percent (8 %) per year on the unpaid balance or under such terms and
conditions as the Council may set by resolution. If the lease is for less than tell (10) years, the re- payment
schedule may not be longer than the term of the lease. The lessee may pay the entire remaining balance to the
City at any time during the term of the lease.
(Ords. 2180 -2006, 2355 -2008)
21.10.120 Lease utilization.
Leased lands shall be utilized for purposes within the scope of the application, the terms of the lease and in
conformity with the ordinances of the City, and in substantial conformity with the Comprehensive Plan and
Airport Master Plan. Utilization or development for other than the allowed uses shall constitute a violation of the
lease and subject the lease to cancellation at any time. Failure to substantially complete the development plan for
the land shall constitute grounds for cancellation. (Ord. 2180 -2006)
21.10.130 Bidding procedure.
With the approval of the City Council, the City Manager may designate a specific lot or lots to be ]eased
through competitive sealed bid. In a sealed bid offering, the City Manager shall award the lease to the qualified
bidder that offers the highest one (1) time premium payment, in addition to the lease rent established under this
chapter. Provided however, that high bidder and the bidder's lease proposal shall be subject to all provisions of
lease application review and approval under this chapter. (Ord. 2180 -2006)
When issuing a lease to an applicant, the City Manager shall hand deliver or mail the document to the
applicant. The applicant shall have thirty (30) days from the date on which the lease is hand delivered to the
applicant or deposited in the U.S. mail within which to execute and return the lease to the City Manager. If the
applicant shows good cause to the City Manager, and the Manager determines the action is not inconsistent with
the City's best interest, the Manager will grant an extension not exceeding thirty (30) days for the applicant to
execute and return the lease. Upon the failure of the applicant to timely execute and return the lease agreement,
the City Manager shall withdraw the offer of the lease in writing. (Ord. 2180 -2006)
21.10.150 Farm of lease,
(a) When leasing land under this chapter, the City Manager shall use a standard lease form that is:
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Chapter 21.10 LEASING OF AIRPORT RESERVE LANDS Page 9 of 10
(1) Drafted to:
(i) Provide a reasonable basis for the lessee's use of the premises,
(ii) Foster the safe, effective, and efficient operation of the airport,
(iii) Conform with the applicable requirements of the I {MC, including this chapter, Alaska statutes, Federal
Aviation Administration regulations, and other applicable Federal law, and
(iv) Provide for the best interest of the City.
(2) Approved as to form by the City Attorney; and
(3) Adopted by resolution of the City Council.
(b) The City Manager may enter into a land lease that deviates from the standard form adopted under
subsection (a) of this section, if:
(I) The Manager believes the action is in the best interest of the City;
(2) The lease is approved as to form by the City Attorney; and
(3) The lease is approved by resolution of the City Council.
(Ord. 2180 -2006)
21,10,160 Re- evaluation of rent.
(a) Beginning in 2007 and every five (5) years thereafter, the City Manager shall increase or decrease the rent
charged in the lease to the amount determined under KMC 21.10.100.
(b) The City Manager shall change the rent in a lease by giving the lessee written notice at least thirty (30) days
in advance of the effective date of the change.
(c) The "Fair Market Value" of the Premises shall be equal to the then -fair market rate for similar commercial
property in the City of Kenai, Alaska (the "Relevant Area "). City shall give notice to lessee of City's estimation
of the Fair Market Value not later than thirty (30) days prior to the expiration of the then - applicable five (5) year
period, as evidenced and supported by the zone -base square foot lease rats appraisal done under KMC 21.10.100
(a). If lessee disagrees with such estimate, it shall advise the City in writing thereof within ninety (90) days of
lessee's receipt of such estimate, as evidenced and supported by the written opinion of a real estate appraiser
certified under Alaska Statute 8.87 with experience in appraising airport property (selected and paid for by
lessee) familiar with the Relevant Area (the "Second Appraiser"), The parties shall promptly meet to attempt to
resolve their differences between the First Appraiser and the Second Appraiser concerning the Fair Market Value
of the Premises. If City and lessee cannot agree upon such value then, with all deliberate speed, they shall direct
the First Appraiser and the Second Appraiser to expeditiously and mutually select a third qualified real estate
appraiser certified under Alaska Statute 8.87 with experience in appraising airport property (selected and paid for
Jointly by the parties) familiar with the Relevant Area (the "Third Appraiser"). Within thirty (30) days after the
Third Appraiser has been appointed, the Third Appraiser shall decide which of the two (2) respective appraisals
from the First Appraiser and the Second Appraiser most closely reflects the Fair Market Value of the Premises.
The Fair Market Value of the
Premises shall irrebuttably be presumed to be the value contained in such appraisal selected by the Third
Appraiser, and the rent shall be redetermined based on such value. Notwithstanding anything to the contrary
herein, rent shall continue to be paid at the then- applicable rate until any such new rental rate is established, and
lessee and City shall promptly pay or refund, as the case may be, any variance in the rent, without interest
thereon accruing to the extent to be paid /refunded in a timely fashion.
(Ord. 2180 -2006)
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Chapter 21.10 LEASING OF AIRPORT RESERVE LANDS
21.10.170 .Annual minimum rental.
Page 10 of 10
(a) Annual minimum rentals shall be computed from the approved appraised market value utilizing the method
as described in KMC 21.10.100, 21.10.110, and 21.10.160.
(b) Upon execution of the lease, the lands become taxable to the extent of its leaschold interest and lessee shall
pay all real property taxes levied upon such leasehold interest in these lands, and shall pay any special
assessments and taxes as if he or she were the owner of the land.
(c) Rent shall be paid annually in advance. The payments shall be prorated to conform to the City of Kenai's
fiscal year beginning July 1 and ending June 30. If the equivalent monthly payment exceeds two hundred dollars
($200.00), then the lessee shall have the option of making payments on a monthly basis.
(d) Lessee shall be responsible for all sales taxes applicable to its operations or due on payments under the
lease.
(Ord. 2180 -2006)
Subject to the approval by the City Council of the terms and rent, the City Manager may, without subjecting
the property to appraisal or competitive process, grant a permit for the temporary use of real property owned by
the City for a period not to exceed one (1) year and for any purpose not in conflict with the zoning of the land.
(Ord. 2180-2006)
21.10.190 Acquisition of real property.
(a) The City, by authorization of the City Council, expressed in a resolution for such purpose, may purchase,
acquire an interest in or lease real property needed for a public use within the airport reserve on such terms and
conditions as the Council shall determine, but no purchase shall be made until a qualified appraiser has appraised
the property and given the Council an independent opinion as to the full and true value thereof,
(b) Because of the unique value of real property, the City need not acquire or lease real property by competitive
bidding.
(Ord. 2180-2006)
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Chapter 21.15 LEASE AND SALE OF AIRPORT LAND OUTSIDE OF THE AIRPORT... Page 1 of 10
i^€nai l t,:5r@rapi d Code
Up Previous xext. Main CoiEap,se Search Print No Praume =:s
Title 21 CITY AIRPORT AND AIRPORT LANDS
+.. .IM 2 a i � • r
21.15.010 Airport land outside of the Airport Reserve.
(a) This chapter applies to airport land outside of the Airport Reserve.
(b) The City may sell, convey, exchange, transfer, donate, dedicate, direct, or assign to use, or otherwise
dispose of airport land outside of the Airport Reserve, including property acquired, held for, or devoted to a
public use, in accordance with this chapter. Disposal or sale of lands shall be made only when, in the judgment
of the City Council, such lands are not required by the City for a public purpose,
(c) The City may lease, sell or dispose of real property by warranty or quit -claim deed, easement, grant, permit,
license, deed of trust, mortgage, contract for sale of real property, plat dedication, lease, or any other lawful
method or mode of conveyance or grant. Any instrument requiring execution by the City shall be signed by the
City Manager and attested by the City Clerk. The form of any instrument shall be approved by the City Attorney.
(d) The provisions of this chapter shall not alter or amend the terms or rights granted under leases existing prior
to the effective date of the ordinance codified in this chapter.
(e) Pending lease applications for airport land filed prior to the effective date of the ordinance codified in this
chapter shall be processed and issued under the provisions of KNIC Titles 21 and 22 in existence immediately
prior to the effective date of the ordinance codified in this chapter. Otherwise the provisions of this chapter shall
apply.
(Ord. 2180-2006)
y Qualifications of applicants or r,
An applicant or bidder for a lease is qualified if the applicant or bidder:
(a) Is an individual at least eighteen (18) years of age or over; or
(b) Is a group, association, or corporation which is authorized to conduct business under the laws of Alaska; or
(c) Is acting as an agent for another and has qualified by filing with the City Manager a proper power of
attorney or a letter of authorization creating such agency. The agent shall represent only one (1) principal to the
exclusion of him or herself. The term "agent" includes real estate brokers and agents.
(Ord. 2180 -2006)
(a) All applications for lease of lands shall be filed with the City Manager on forms provided by the City
available at City Hall, Applications shall be dated on receipt and payment of filing fee and deposit. No
application will be accepted by the City Manager unless it appears to the City Manager to be complete. Filing
fees are not refundable.
(b) With every application, the applicant shall submit a development plan, showing and stating:
(1) The purpose of the proposed lease;
(2) The use, value and nature of improvements to be constructed;
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Chapter 21.15 LEASE AND SALE OF AIRPORT LAND OUTSIDE OF THE AIRPORT... Page 2 of 10
(3) The type of construction;
(4) The dates construction is estimated to commence and be completed (ordinarily a maximum of two (2)
years); and
(5) Whether intended use complies with the Zoning Ordinance and Comprehensive Plan of the City.
Applications shall become a part of the lease.
(Ord. 2180 -2006)
21.15.040 Filing fee and deposit.__
(a) When submitting an application' for lease of land, the applicant shall pay the City the following as set forth
in the City's schedule of fees adopted by the City Council:
(1) Pay a non- refimdable filing fee; and
(2) A deposit to show good faith and secure the City in payment of any costs, including:
(A) An appraisal cost recovery deposit; and
(I3) An engineering, surveying and consulting cost recovery deposit.
(b) If the City decides to reject the applicant's application and not enter into a lease with the applicant through
no fault of the applicant or failure of the applicant to comply with any requirement of this chapter, any deposit
made under subsection (a)(2) of this section will be returned to the applicant.
(c) If the City enters into a lease with the applicant any deposit made by the applicant under subsection (a)(2)
of this section will be applied to the City's engineering, appraisal, and consulting costs related to the processing
of the applicant's application and entering into the lease. The City will apply any unused balance of a deposit to
the rent payable under the lease. If the City's costs exceed the amount of any deposit, the applicant shall pay the
shortage to the City as a condition of the lease.
(d) If the applicant fails to comply with any requirement of this chapter, causes inordinate delay, as determined
by the City Manager, or refuses to sign a lease offered to the applicant, the City Manager will reject the
applicant's application and apply any deposit made by the applicant under subsection (a) of this section to the
City's appraisal, engineering, and consulting costs incurred in connection with the applicant's application. If the
City's costs for appraisal, engineering and consulting costs exceed the deposits, the applicant will be responsible
for these costs. The City will return any unused deposit balance to the applicant.
(Ords. 2180 -2006, 2528 -2011)
21.15.050 Rights prior to leasing,__
The filing of an application for a lease shall give the applicant no right to lease or to the use of the land for
which the applicant applied. The application shall expire within twelve (12) months after the application has
been made if a lease has not been entered into between the City and the applicant by that time unless the City
Council for good cause grants an extension. No extension may be granted for a period longer than six (6)
additional months. Lease rates are subject to change on the basis of an appraisal done every twelve (I2) months
on the property applied for. (Ord. 2180 -2006)
21.15.060 Processing procedure. _
(a) Applications shall be forwarded to the Planning and Zoning Commission upon receipt. The Planning and
Zoning Commission shall normally consider applications for specific lands on a first -come, first- served basis if
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the Commission finds that the application is complete and conforms to the Comprehensive Plan and the Kenai
Zoning Code. Where there is difficulty in obtaining a perfected application, details as to development plans, etc.,
or where the applicant fails to comply with directions or requests of the Planning and Zoning Commission, any
such priority will be lost. If an application for the purchase of City-owned lands, previously authorized for sale
by the Council, is received by the City prior to the Kenai Planning and Zoning Commission making an
affirmative or negative recommendation to the Council regarding the lease application for the same property, the
City may elect to sell said property in accordance with the provisions of the Code.
(b) The City Council shall normally consider a lease proposal only after approval of the Planning and Zoning
Commission. However, appeals of Planning and Zoning Commission disapproval may be made to the City
Council. Completed lease applications must be presented to the City Council within thirty (30) days after
approval by the Planning and Zoning Commission.
(c) Where there are two (2) or more applications for the same airport lands for different uses, then if the
Planning and Zoning Commission makes a finding that a subsequent application would result in use of the lands
for a higher and better purpose with a greater benefit to the City of Kenai and the citizens thereof, then the lease
will be issued to such applicant notwithstanding the provisions of subsection (a) in this section which provide for
leasing on a first -come, first - served basis. Any applicant may appeal to the City Council from a finding or a
refusal to find by the Planning and Zoning Commission by filing an appeal with the City Clerk within seven (7)
days after the finding is made or refused by the Planning and Zoning Commission.
(d) The decision whether or not to lease land rests in the sole discretion of the City Council.
(Ord. 2180-2006)
1r
No leased land may be changed in use, nor may any renewal lease be issued until the proposed use or
renewal has been reviewed by the Planning Commission and approved by the Council. (Ord. 2180 -2006)
f
No land shall be sold, leased, or a renewal of lease issued, unless the same has been appraised within a
twelve (12) month period prior to the sale or date fixed for beginning of the term of the lease or renewal lease.
No land shall be leased for less than the approved appraised annual rental. Appraisals shall reflect the number
and value of City services rendered the land in question. (Ord. 2180 -2006)
All leases shall be approved by the City Council before the same shall become effective. The term of any
given lease shall depend upon the durability of the proposed use, the amount of investment in improvement
proposed and made, and the nature of the improvement proposed with respect to durability and time required to
amortize the proposed investment. (Ord. 2180 -2006)
1r -
(a) Annual minimum rentals shall be computed from the approved appraised market value utilizing the method
as described in KMC 21.15.120 of this chapter.
(b) Upon execution of the lease, the lands become taxable to the extent of its leasehold interest and lessee shall
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pay all real property taxes levied upon such leasehold interest in these lands, and shall pay any special
assessments and taxes as if lessee were the owner of said land.
(c) Rent shall be paid annually in advance. Said payments shall be prorated to conform to the City of Kenai's
fiscal year beginning July I and ending June 30. If the equivalent monthly payment exceeds two hundred dollars
($200.00), then the lessee shall have the option of making payments on a monthly basis.
(d) Lessee shall be responsible for all sales taxes applicable to its operations.
(Ord. 2180-2006)
W y + . ,
As an exception to general policy listed above, the City Council may designate a specific lot or lots to be
made available only for bid. 'Phis provision shall apply only when there is no outstanding application pending on
the lot or lots. As designated, sealed bids shall be received offering a one -time premium in addition to the
established lease rate. Highest bid, however, shall be subject to all provisions of review and approval established
for all other lease applications. (Ord. 2180 -2006)
21.15.120 Principles and policy of lease rates.
(a) A fair return to the Airport System is mandated by the terms and conditions of the quitclaim deed and
appropriate deeds of release, granting these lands to the Airport System by the Federal Government. To ensure a
fair return, all leases for a period in excess of five (5) years shall include a redetermination clause as of the fifth
anniversary, and all lands for lease shall be appraised prior to lease and again prior to redetermination. Lease
rates:
(1) Shall be based on fair market value of the land, including an appropriate consideration of facilities and
services available (public water, public sewer, storm sewers, and other public utilities) as determined by a
qualified independent appraiser, considering the best use of the specified land; and,
(2) Shall be eight percent (8 %) of fair market value.
(b) For leases in existence prior to the effective date of this chapter, the lease rate redetermination shall be as
provided in the lease.
(c) The City Manager shall change the rent in a lease by giving the lessee written notice at least thirty (30) days
in advance of the effective date of the change.
(d) The "Fair Market Value" of the Premises shall be equal to the then -fair market rate for similar commercial
property in the City of Kenai, Alaska (the "Relevant Area "). City shall give notice to lessee of City's estimation
of the Fair Market Value not later than thirty (30) days prior to the expiration of the then - applicable five (5) year
period, as evidenced and supported by the written opinion of an independent real estate appraiser certified under
Alaska Statute
8.87, selected and paid for by the City, familiar with the Relevant Area (the "First Appraiser "). If lessee
disagrees with such estimate, it shall advise the City in writing thereof within thirty (30) days of lessee's receipt
of such estimate, as evidenced and supported by the written opinion of a real estate appraiser certified under
Alaska Statute 8.87 (selected and paid for by lessee) familiar with the Relevant Area (the "Second Appraiser ").
The patties shall promptly meet to attempt to resolve their differences between the First Appraiser and the
Second Appraiser concerning the Fair Market Value of the Premises. If City and lessee cannot agree upon such
value then, with all deliberate speed, they shall direct the First Appraiser and the Second Appraiser to
expeditiously and mutually select a third real estate appraiser certified under Alaska Statute 8.87 (selected and
paid forjointly by the parties) familiar with the Relevant Area (the "Third Appraiser "). Within thirty (30) days
after the Third Appraiser has been appointed, the Third Appraiser shall decide which of the two (2) respective
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Chapter 21.15 LEASE AND SALE OF AIRPORT LAND OUTSIDE OF THE AIRPORT... Page 5 of 10
appraisals from the First Appraiser and the Second Appraiser most closely reflects the Fair Market Value of the
Premises. The Fair Market Value of the Premises shall irrebuttably be presumed to be the value contained in
such appraisal selected by the Third Appraiser, and the rental shall be redetermined based on such value.
Notwithstanding anything to the contrary herein, rent shall continue to be paid at the then - applicable rate until
any such new rental rate is established, and lessee and City shall promptly pay or refund, as the case may be, any
variance in the rent, without interest thereon accruing to the extent to be paid /refunded in a timely fashion.
(Ord. 2180-2006)
21.15.130 Reimbursement for City-constructed improvements.
(a) The City Manager may include in a lease a requirement for the lessee to reimburse the City for the City's
cost of.
(1) Land clearing, gravel fill, utility extensions and other improvements or amenities on or in direct connection
with the premises, constructed by the City prior to the effective date of the lease; or
(2) Land clearing, gravel fill, utility extensions and other improvements or amenities on or in direct connection
with the premises, which the City agrees to construct as a condition of the lease, subject to City Council
approval.
(b) The lessee shall reimburse the City for the City's cost of constructing the improvements in ten (10) equal
annual payments, plus interest at eight percent (8 %) per year on the unpaid balance or under such terns and
conditions as the Council may set by resolution. If the lease is for less than ten (10) years, the repayment
schedule may not be longer than the tern of the lease. The lessee may pay the entire remaining balance to the
City at any time during the term of the lease.
(Ords. 2180 -2006, 2355 -2008)
The lease applicant shall execute and return the appropriate lease agreement with the City of Kenai within
thirty (30) days of mailing the agreement to said applicant. The lease agreement shall be prepared in accordance
with the requirements of this title. Failure to execute and return the lease agreement within the specified period
shall result in the forfeiture of all leasing rights. (Ord. 2180 -2006)
Leased lands shall be utilized for purposes within the terns of the lease and in conformity with the
ordinances of the City, and in substantial conformity with the comprehensive plan. Utilization or development
for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any
time. Failure to substantially complete the development plan for the land, consistent with the proposed use and
terms of the lease, shall constitute grounds for cancellation. (Ord. 2180 -2006)
21.15.160 Form of lease.
(a) When leasing land under this chapter, the City Manager shall use a standard lease form that is:
(1) Drafted to:
(i) Provide a reasonable basis for the lessee's use of the premises,
(ii) Foster the safe, effective, and efficient operation of the airport,
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(iii) Conform with the applicable requirements of the KMC, including this chapter, Alaska statutes, Federal
Aviation Administration regulations, and other applicable Federal law, and
(iv) Provide for the best interest of the City.
(2) Approved as to form by the City Attorney; and
(3) Adopted by resolution of the City Council.
(b) The City Manager may enter into a land lease that deviates from the standard form adopted under
subsection (a) of this section, if:
(1) The Manager believes the action is in the best interest of the City; and
(2) 'The lease is approved as to form by the City Attorney; and
(3) The lease is approved by resolution of the City Council.
(Ord. 2180-2006)
(a) Notwithstanding any other provisions of this chapter, where it is found that encouragement of a new
commercial or industrial enterprise would be beneficial to the City of Kenai, the City Council by ordinance so
finding may direct conveyance of one or more parcels of City land by the City Manager to such enterprise upon
such terms as to price, conditions of conveyance, and with such contingencies as may be set forth in said
ordinance.
(b) In the event the land directed to be conveyed under subsection (a) of this section consists in part or in whole
of airport lands, then the ordinance ordering its conveyance. will not be effective until the City Council by
ordinance has appropriated from the general fund to be dedicated to the airport the difference between the
appraised fair market value of said airport lands and the purchase price, if any, set forth in said ordinance.
(Ord, 2180-2006)
21.15..180 Sale.
(a) Airport land outside the Airport Reserve to which the City of Kenai holds title which are not restricted from
sale by the Deed of Conveyance to the City, or which have been released from such restrictions, which the City
Council has determined are not required for a public purpose, may be listed for sale by the City Manager, except
that lands which have been leased shall not be sold unless the lessee has made a written request to the City to
place the land for sale. The decision whether or not to sell the land rests in the sole discretion of the City.
(b) Sales of land pursuant to subsection (a) of this section shall be made at not less than fair market value. The
purchaser shall execute the "Agreement For Sale of Land" within one (1) year of the date of appraisal. The City
Manager has the option to dispose
of such properties in accordance with the sale procedures set out in this title:
(1) By negotiated sale; or
(2) By outcry auction to the highest responsible bidder; or
(3) By competitive sealed bids to the highest responsible bidder.
In the event that the sale is not closed within one (1) year of the date of appraisal, the buyer will be charged,
upon closing, interest computed in accordance with the applicable provisions of the Kenai Municipal Code,
based upon the total sales price for the number of days past the expiration of the six (6) month period. (Ord.
2180 -2006)
http:// www .gcode.us /codes/kenai /view.php ?topic =21 - 21_15 &showAll =1 &frames =on 1/3/2013
Chapter 21.15 LEASE AND SALE OF AIRPORT LAND OUTSIDE OF THE AIRPORT... Page 7 of 10
21.3 5.190 Sale procedure.
(a) The City Manager will obtain such an appraisal for a determination of the minimum price on said land.
(b) Where any party, hereinafter called "applicant," requests that a tract or tracts of land be sold for which an
appraisal will be required, which will require subdividing, platting, or surveying and staking, or which will
require advertising or incurring any other expenditures by the City prior to sale,
(1) No actions in preparation for sale will be taken by the City until an agreement to purchase shall be properly
executed and filed with the City Manager for the purchase of such land with payment of sufficient good faith
deposit, which shall consist of cash or its equivalent deposited with the Finance Officer of the City of Kenai, as
may be determined by the City Manager, to cover all expenses of the City and such agreement to purchase shall
further contain the agreement by applicant to pay any additional costs if such good faith deposit is insufficient to
pay all costs incurred by the City.
(2) If at any time during the process of preparing for sale, the applicant gives notice to the City Manager of
withdrawal of the request for sale, the City Manager shall stop all procedures, shall pay expenses incurred prior
to termination of sale procedures, and shall reimburse applicant for any good faith deposit advanced in excess of
all expenses incurred. (However, if another party desires the sale to proceed, files an application for sale,
executes and files an agreement to purchase, and advances sufficient funds therefor, then the prior applicant will
be reimbursed for expenses charges which can be attributed to the subsequent applicant.)
(3) If all actions necessary for preparation for sale have been accomplished, and if neither the applicant nor any
other party purchases said land when first offered for sale after such request, then all expenses incurred in
preparation for the sale will be paid from the good faith deposit, and the balance, if any, shall be returned to the
applicant. If the sums advanced as good faith deposit are insufficient to pay all of the costs, the applicant will be
billed for the balance due and normal collection procedures followed.
(4) If the land applied for is sold on public sale set in response to such request to anyone other than applicant,
then on closing of the sale, the good faith deposit will be refunded in total to the applicant. The City's expenses
will be first deducted from the deposit of the successful bidder.
(5) If the land in question is sold to applicant, the good faith deposit advanced, after deducting the City's
expenses, will be applied on the payment due at closing.
(6) If the land in question is to be sold by sealed bid and the applicant has submitted a valid bid, but the
applicant is not the high bidder, he or she may purchase the land by tendering the City a bid equal to the high bid
within five (5) days of the bid opening. If the Land sale is initiated in accordance with KMC 21.15.060(a), the
applicant shall be defined as that party submitting the initial lease application.
(c) If the tract of land proposed to be sold is leased land, the lessee may request the sale of the land at not less
than the fair market value. The current lessee may request to negotiate a sale only after, to the satisfaction of the
City Manager, development has been completed as detailed in the development schedule which has been
incorporated into the lease agreement. If there is no development schedule, the lessee may request to purchase
the property if there have been substantial improvements as determined by the City Manager. The decision
whether or not to sell the land to the lessee rests in the sole discretion of the City.
(d) An applicant may request the lease of City land include a right to purchase the leased land within twelve
(12) months of the completion of the development as detailed in the development schedule. A sale under this
subsection shall be at not less than fair market value as determined by an appraiser qualified under AS 8.87. The
City may charge additional consideration for granting the right to purchase the property. The land must be
appraised within twelve (12) months of sale as required under KMC 21.15.070. An applicant's request to have a
contractual right to purchase the lease property must be approved by an ordinance of the Council. The Council
may grant the request if it determines it is in the best interest of the City.
http:// www .gcode.us /codes/kenai /view.php? topic =21- 21_15 &showAll=1 &frames =on 1/3/2013
Chapter 21.15 LEASE AND SALE OF AIRPORT LAND OUTSIDE OF THE AIRPORT... Page 8 of 10
(e) If the tract of land proposed to be sold is not leased land, or is leased land without substantial
improvements, then the tract of land may only be sold by outcry auction or by competitive sealed bids. The
decision whether or not to sell the land rests in the sole discretion of the City. If the tract is to be put up for such
competitive auction or sealed bid sale, notice of sale and the manner in which the land is to be sold shall be
published in a newspaper of general circulation within the City once each week for two (2) successive weeks not
less than thirty (30) days prior to the date of sale; such notice shall also be posted in at least three public places
within the City at least thirty (30) days prior to the date of safe, and such other notice may be given by such other
means as may be considered advisable by the City Manager. Such notice must contain:
(1) The legal description of the land;
(2) A brief physical description of the land;
(3) The area and general location of the land;
(4) The minimum acceptable offer for the land (which shall be its appraised fair market value);
(5) The terms under which the land will be sold;
(6) Any limitations on the sale of the land;
(7) The time and place set for the auction or bid opening;
(8) The amount of deposit to be submitted with each bid in order to cover the City's expenses such as survey,
appraisal, and reviews;
(9) Any other matters concerning the sale of which the City Manager believes the public should be informed.
(t) Where a real estate agent furnishes a buyer for City land, the closing agent shall be authorized to pay the
agent a real estate commission of five percent (5 %) of the purchase price for the land or five percent (5 %) of the
appraised fair market value of the land, whichever is lower, under the following terms and conditions:
(1) The City Manager shall provide a non - exclusive listing of lands available for sale.
(2) No commission shall be paid to an agent where said agent is a party, or in privity with a party, to the sale.
(g) Closing of sale of City lands shall be handled by a title or escrow company within the city which
specializes in closing of real estate sales.
(h) Conveyance of City lands shall be by quit claim or warranty deed furnished by the City, and buyers are
advised that all such conveyances are subject to all liens, encumbrances, restrictions, and covenants of record and
are specifically, without being limited thereto, subject to any unreleased restrictions contained in the deed or
deeds by which the City received title to the land. The deed shall be signed by the City Manager and attested by
the City Clerk. The form of tire deed shall be approved by the City Attorney.
(i) If a buyer desires to obtain a preliminary commitment for title insurance or title insurance to the land, then
it shall be the responsibility of the buyer to obtain such commitment or insurance and to pay for the same.
0) If the tract or tracts of land are sold under terms by which the City is to accept a note as a portion of the
purchase price, the note and accompanying deed of trust must be prepared by an attorney, but must be approved
by the City Attorney prior to closing.
(k) The note shall be placed for collection with a bank selected by the City Manager, which may be changed
from time to time, and which shalt be the bank in which City funds are deposited. The set -up fee to initiate
collection may be negotiated, and the buyer shall pay the annual collection fees for such bank collection.
(1) To enable the City to compete on an equal basis with private enterprise in lands disposal, the City Manager
is authorized to negotiate a division of the costs of sale listed in KMC 21.15.190(f)(g)(h)(i) and 0) to a maximum
of fifty percent (50 %) of the required costs being borne by the City.
(Ords. 2180-2006, 2219-2007)
http: / /www.gcode.us /codes /kenai /view.php ?topic =21 - 21_15 &showAll =1 &frames =on 1/3/2013
Chapter 21.15 LEASE AND SALE OF AIRPORT LAND OUTSIDE OF THE AIRPORT... Page 9 of 10
(a) In order to expedite and facilitate the sale of City lands, the City Manager is authorized to accept terms for
said sales and may accept a note secured by a deed of trust for a portion of the purchase price thereof, subject to
the following restrictions:
(1) If the sale is to a lessee who has placed a Tien for financing upon the land or improvements, then the City
Manager is not authorized to sell the land except for total cash payment, provided; however, that the City
Manager may accept a note secured by a deed of trust subordinate to the existing security interest if the amount
of the note thereby secured is within the difference between the fair market value of the land with improvements,
and the sum of all prior security interests. The sale documents shall be subject to the same restrictions contained
in the lease as the lease provides at the time of sale.
(2) Prior to making a determination to accept a note and deed of trust from a prospective purchaser, the City
Manager shall secure a preliminary commitment for title insurance (at purchaser's expense) and a review of the
grantee index covering the party desiring to purchase the land from the title company in the local recording
district, and no credit will be advanced on such sale if there are any delinquent liens or unpaid judgments found
in the title company report until any such judgments or liens are paid and releases therefore have been filed.
(3) In the event of a credit sale, the down payment required shall be determined by the City Manager, but shall
not be less than fifteen percent (15 %) of the sales price.
(b) If the City Manager determines that it is in the City's interest to sell City lands, the sale shall be either a
cash transaction or by a note secured by a deed of trust, subject to subsection (a) of this section, and by no other
means. The note and deed of trust shall carry terms as follows:
(1) The term of such note may be set by the City Manager, but it shalt provide for monthly payments and not
exceed twenty (20) years unless a longer period for a specific sale of land is approved by resolution of the City
Council.
(2) Such note shall bear interest at a rate to be determined by the City Council by resolution.
(Ord. 2180-2006)
E1.15.210 Determination as to need for public use,.
(a) Whether land shall be acquired, retained, devoted, or dedicated to a public use shall be determined by
ordinance which shall contain the public use for which said property is to be dedicated, the legal description of
the property, and the address or a general description of the property sufficient to provide the public with notice
of its location.
(b) Whether land previously dedicated to a public use should be dedicated to a different public use or should no
longer be needed by the City for public use shall be determined by the City Council by ordinance which shall
contain the new public use for which said property is to be dedicated or the reason the land is no longer needed
for public use, the legal description of the property, and the address or a general description of the property
sufficient to provide the public with notice of its location.
(Ord. 2180 -2006)
a
The Council may approve, by resolution, after public notice and an opportunity for public hearing, the
conveyance and exchange of a parcel of City property for property owned by another person subject to such
conditions as Council may impose on the exchange,, whenever in the judgment of the City Council it is
advantageous to the City to make the property exchange and the City shall receive property (including a portion
http:// www .gcode.uslcodeslkenailview.php? topic =21- 21_15 &showAll =l &frames =on 1/3/2013
Chapter 21.15 LEASE AND SALE OF AIRPORT LAND OUTSIDE OF THE AIRPO... Page 10 of 10
of money) at least equivalent to the value of the property exchanged by the City. (Ord. 2180 -2006)
The Council may approve, by resolution, after public notice and an opportunity for public hearing, the sale
and conveyance of a parcel of City property at its appraised value to the owner of adjacent land whenever, in the
judgment of the City Council, the parcel of land is of such small size, shape, or location that it could not be put to
practical use by any other party and, in addition thereto, where there is no 'foreseeable need of the land for any
future use by the City. (Ord. 2180 -2006)
21.15.240 Grant or devotion.
(a) The Council, by ordinance, may lease, grant or devote real properly no longer needed by the City for a
public purpose to the United States, the State of Alaska, a local political subdivision of the State of Alaska
(including the City of Kenai general fund), or any agency of any of these governments or non - profit corporation,
for a consideration agreed upon between the City and grantee without a public sale if the grant or devotion is
advantageous to the City.
(b) In the event the land directed to be conveyed under subsection (a) of this section consists in part or in whole
of airport lands, then the
ordinance ordering its conveyance will not be effective until the City Council by ordinance has appropriated
from the general fund to be dedicated to the airport the difference between the appraised fair market value of said
airport lands and the purchase price, if any, set forth in said ordinance.
(Ord. 2180 -2006)
21.15,250 Use permits.___
The council may authorize the City Manager to grant permits for the temporary use of real property owned
by the City for a period not to exceed one (1) year, without appraisal of the value of the property or public
auction, for any purpose compatible with the zoning of the land, and on such terms and for such rentals as the
Council shall determine. (Ord. 2180 -2006)
(a) The City, by authorization of the City Council, expressed in a resolution for such purpose, may purchase or
acquire an interest in, lease or real property needed for a public use within the Airport Reserve on such terms and
conditions as the Council shall determine, but no purchase shall be made until a qualified appraiser has appraised
the property and given the Council an independent opinion as to the full and true value thereof;
(b) Because of the unique value of real property, the City need not acquire or lease real property by competitive
bidding.
(Ord, 2180-2006)
http:// www .gcode.uslcodeslkenailview.php? topic =21- 21_15 &showAll=l &frames =on 1/1/2013
KA-
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To: Airport Commission
From: MaryBondurant — Airport
Date: January 3, 2013
Subject: 13'h Annual Kenai Peninsula Air Fair
The 13'h annual air fair will be held on Saturday, June 8.
In 2007, the air fair committee established sponsorship opportunities to encourage
participation and raise funds to support the event. There have been no changes to
sponsorships since 2007 and expenses seem to always be increasing.
Please review the attached list and be prepared to discuss any changes or increases that
might make these opportunities more appealing to sponsors.
If you have any questions, please contact me at 283 -7951.
attachment
www.kenaiairport.com
•
Alrprt JUNE
SPONSORSHIP OPPORTUNITIES
Deadline:
Gold Sponsor: $1,000
(2) Sponsorships Available at this level
(1) Free vendor /exhibitor table space
(3) Limited edition souvenir t- shirts w /your Logo on back of t -shirt
(3) Luncheon tickets for the Barbeque
Logo on posters, postcards, and city web pages
®:• Silver Sponsor: $500
(2) Sponsorships Available at this level
(1) Free vendor /exhibitor table space
(2) Limited edition t- shirts w /your logo on back of t -shirt
(2) Luncheon tickets for barbeque
Logo on posters, postcards, and city web pages
®:• Bronze Sponsor: $250
(4) Sponsorships Available at this level
Free vendor /exhibitor table space
(1) Limited edition t -shirt w /your Logo on back of t -shirt
(1) Luncheon ticket for Barbeque
Logo on posters, postcards, and city web pages
31.18% _._.._....._.._.._.
''.. GRANT F
2:384 f
r
Month
ERA
WATSON
GRANT
AVIATION
Total YTD in
2012
2011
Change
from
2011
KE, NAi
AVtA -DON
Combined
Month Total
January
5,436
2,179
7,615
6,782
833
171
7,786
February
5,308
2,190
7,498
6,698
800
158
7.656
March
5,294
2,231
7,525
7,193
332
192
7.717
April
4,878
2,092
6,970
6,609
361
194
7,164
May
6, 152
2,339
8,491
6,971
1.520
312
8.803
June
5,752
_
2,256
8,008
7,659
349
323
8,331
Jul y
8,391
2,903
11,294
10,676
618
362
11,656
August
7,696
2,934
10,630
10,402
228
416
11,046
September
5,284
2,251
7,535
7,896
-361
304
7,839
October
5,600
2,545
8 ,145
8,142
3
305
8,450
November
5,262
2,384
7,646
7,517
129
231
7,877
December
0
7,465
0
Totals
85,003
26.544
91,357
94,816
1 4,812
1 296'
94,325
Terminal - Vehicle Parking Revenues
NOVEMBER _
2011 1 $17,268 FYI Total $204.669
2012 $18;470 FY13 YTD $104245
30000
27500
25000
'., 22500
20000
17500
15000
12500
10000
7500
5000
2500
0
"'e�nal Vehicle Parking Revenues
Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun
* FY12
* FY13
f s s a 1
�a
Master Plan — The Phase I report is being updated with the final comments and sent to
the FAA for review and approval. Phase II which includes Facility Requirements,
Alternatives and Environmental Conditions and Impacts has begun.
Tree Obstruction Clearing Project: The FAA is conducting their final review of the plans
and specs. The private property owners have been eliminated from the project. The
project will be bid when approved by the FAA.
Airfield Marking — Plans and specs are complete and the City's front -end bid documents
are being prepared by the Airport and City Administration. The project will be advertised
and bid with painting to start next summer.
Minter Snow Removal Operations: Winter is here and the crew has been very busy
with plowing and deicing operations. The airlines are very appreciative of their efforts.
The airport is once again advertising for temporary equipment operations.
Airline Holiday Schedules: Grant Aviation is closed on Christmas and New Years
Day. Era Alaska's is operating on both holidays with a limited schedule.
New Terminal Gift Shop: Lark Ticen has opened
Larks Alaska Gifts in the space by PJ's Diner just in time
for the holidays!
2_012 -12
Federal Aviation
�i3 pe Administration
w
•^ • rt
Subject: Runway incursions
As we approach the end of 2012, 1 want to take some time and recognize the magnitude
of your accomplishments.
In the Alaskan Region, we have had no A or B category runway incursions, no
accidents and no injuries at our towered facilities. We did have 1 category C, 5
category D incursions and 4 surface incidents.
Data, on its own is a dangerous thing. When we discuss VPD rates, most people fixate
on the numeric and forget to associate other data that's required in order to accurately
assess this vital safety related performance.
What are some the other data? Safety, occasionally defined as the absence of danger,
make actual or organizational safety difficult to measure. What are normally measured
to indicate the level of safety are the failures that have resulted in unwanted surface
incidents and VPDs. Even acceptably low numbers of such failures are falsely used to
indicate success for ground vehicle operator safety. Leading performance indicators
are used in conjunction with failures in order to more accurately assess organizational
safety. These indicators are based on the inputs and actions that organizations, or
individuals, take to manage risks and improve performance in various situations.
The magnitude of what you have accomplished this year is large. We know the work
and effort that has gone into the relatively low number of incidents at our Alaskan
Towered airports. Properly selected, trained and motivated operational personnel
remain the true custodians of safety. When a system breaks down due to unanticipated
design/ capacity issues...... human performance is the last line of defense against latent
conditions that can penetrate aviation system defenses and result in uncompromised
safety. Operational people/professionals are the true gate keepers of aviation safety
system.
This year our VPD metric has changed dramatically, such that we are expected to have
no more than 3 VPDs in our Region. We have already had one at the Lake Hood
facility.
We ask that you continue your efforts to look at "out of the box" solutions, in our pursuit
of zero VPD and surface incidents. We realize that success in this area is not automatic
and is usually the result of planning, practice, hard work and sacrifice on the part of you
and your staff. On behalf of FAA we want to take this opportunity to thank you for acting
as the guardians of safety and we look forward to another year of no injuries and no
accidents at our Towered Alaskan airports.
Kindest Regards,
on K. Huff
Dor
irports Division Manager
Enclosed: Our January to November 2012 Alaskan VPD record.
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210 Fidalgo Avenue, Kenai, Alaska 99611 -1 t94
Telephone: (907) 283-7535 / FAX: (907) 283-3014
TO: Rick Koch, City Manager
FROM: Christine Cunningham, Assistant to City Manager
Amendment SUBJECT: Second e between s •.' Resources, Division
s Subdivision No.
Mary J. Doyle for Lot 5, Block 1, Gusty Subdivision
Kenai
bAd
aa4m¢r4n
,f WgBk'r
201'1
4inth Amendment to Lease between the City and Schilling Rentals,
LC for Lot IA Block 4, General Aviation Apron
The purpose of this memo is to provide additional information in support of the above
referenced Action /Approval items scheduled for the January 16 Council Meeting.
The Kenai Municipal Airport Supplemental Planning Assessment was completed in 2007,
and, recommendations were made to the City's existing airport property management to
establish a new method of setting and adjusting land rental rates for the Airport Reserve
based on an airport -wide appraisal conducted every five years. Ordinance 2180 -2006
amended the City's Code for the leasing of Airport Lands.
Existing leases within the Airport Reserve are scheduled for a redetermination of rent at
five -year intervals. Beginning in 2009, the City has amended these leases to change the
five -year cycle to years ending in zero and five. The three above leases are scheduled for
renegotiation in 2013.
Administration has proposed that the annual rent remain the same as the current rate for
two years between July 1, 2013 and June 30, 2015, provided that the rent renegotiation
Page 2 of 2
January 2, 2012
Amendment(s) to Lease of Airport Lands
cycle be changed so that the next renegotiation will take place in 2015 rather than 2017.
The lease requires the approval of the City Council to amend the renegotiation cycle.
The City Attorney has reviewed the attached Amendments and has approved them as to
form. If the City Council approves the Amendments, they may be executed by the parties.
Attachments
cc: 1Mary Bondurant, Airport Manager
State of Alaska, DNR, Division of Forestry
Patrick and Mary Doyle
Schilling Rentals, LLC
THIS Second Amendment to Lease is made as of the day of
2013, by and between the CITY OF KENAI (City), a municipal corporation whose address
is 210 Fidalgo Avenue, Kenai, Alaska 99611, and STATE OF ALASKA, DEPARTMENT
OF NATURAL RESOURCES, DIVISION OF FORESTRY (Lessee), whose address is
550 West Seventh Avenue, Suite 1970, Anchorage, Alaska 99501.
WITNESSETH
WHEREAS, on June 16, 2004, the City entered into a lease with the State of
Alaska, Department of Natural Resources, Division of Forestry for City -owned lands
identified as Lot 4, F.B.O. Subdivision No. 7, according to Plat No. 2001 -34, Kenai,
Alaska, which lease was recorded at 2004 - 006220 -0 on June 25, 2004, in the Kenai
Recording District, Third Judicial District, State of Alaska (the Lease); and,
WHEREAS, on July 1, 2008, the Lease was amended to reflect the lease rate had
been renegotiated by the parties, which amendment was recorded at 2008 - 006942 -0; and,
WHEREAS, in order to change the five -year cycle to years ending in zero (0) and
five (5), the next rent rate adjustment shall be performed in 2015 rather than 2013, after
which the parties will again proceed within five -year intervals for rent renegotiation as set
out in paragraph 9 of the Lease.
NOW THEREFORE, the parties agree as follows:
1. Pursuant to paragraph 9 of the Lease, requiring redetermination of the rent
at five -year intervals, the parties agree that, beginning July 1, 2013, the rent shall be
$11,160.00 per annum, plus applicable sales taxes.
2. The parties agree that this rent shall be effective for two (2) years between
July 1, 2013, and June 30, 2015, after which rent shall be redetermined every five years
pursuant to paragraph 9 of the Lease as amended.
4. Except as expressly modified or stated herein, all other terms and conditions
of the Lease (as amended) remain in full force and effect.
Second Amendment to Lease— Lot 4, FBO Subdivision No. 7 Page 1 of 2
By:
Rick R. Koch
Its: City Manager
ri i' 1 ' •
By:
Title:
Approved as form
Scott Bloom
City Attorney
State of Alaska )
ss
Third Judicial District )
The foregoing instrument was acknowledged before me this _ day of 2013,
by Rick R. Koch, City Manager for the City of Kenai.
Notary Public of Alaska
My Commission Expires:
State of Alaska )
) ss
Third Judicial District )
The foregoing instrument was acknowledged before me this _ day of , 2013,
by (Name), (Title), on behalf of
STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF
FORESTRY.
Notary Public of Alaska
My Commission Expires:
RETURN TO:
CITY OF KENAI
210 Fidalgo Avenue
Kenai, AK 99611 -7794
Second Amendment to Lease — Lot 4, FBO Subdivision No. 7 Page 2 of 2
THIS Eighth Amendment to Lease is made as of the day of
2013, by and between the CITY OF KENAI (City), a municipal corporation whose address
is 210 Fidalgo Avenue, Kenai, Alaska 99611, and PATRICK J. DOYLE AND MARY J.
DOYLE (Lessee), whose address is 2243 Beaver Loop Road, Kenai, AK 99611.
WHEREAS, on November 16, 1983, the City entered into a lease with Lessee for
City -owned lands identified as Lot 5, Block 1, Gusty Subdivision, Addition No. 1, Kenai,
Alaska, which lease was recorded at Book 225 Pages 376 -394 on December 12, 1983, in
the Kenai Recording District, Third Judicial District, State of Alaska (the Lease); and,
WHEREAS, the parties to the Lease have amended the Lease over the years which
amendments are recorded in the Kenai Recording District and summarized as follows:
Amendment to Lease recorded at Book 260 Pages 994 -996 on May 13, 1985,
amending the site plan, proposed completion date, and purpose of the lease to read
"Car Wash and Gas Pumps";
Amendment to Lease recorded at Book 333 Pages 282 -283 on September 9, 1988,
redetermining the rental rate;
Amendment to Lease recorded at Book 333 Pages 284 -286 on September 9, 1988,
amending General Covenant No. 14 of the lease providing for insurance;
Amendment to Lease recorded at Book 420 Pages 334 -335 on June 15, 1993,
redetermining the rental rate;
Amendment to Lease recorded at Book 528 Pages 647 -648 on May 1, 1998,
redetermining the rental rate;
Amendment to Lease redetermining the rent effective July 1, 2003 (Lessee
accepted terms of amendment through continued occupancy and payment of new
rent; however, Lessee did not sign the amendment, and it is not recorded in the
Kenai Recording District); and,
Amendment to Lease recorded at 2008 - 004554 -0 on May 5, 2008, redetermining
the rental rate;
Eighth Amendment to Lease — Lot 5, Block 1, Gusty Subdivision Page 1 of 3
WHEREAS, in order to change the five -year cycle to years ending in zero (0) and
five (5), the next rent rate adjustment shall be performed in 2015 rather than 2013, after
which the parties will again proceed within five -year intervals for rent renegotiation as set
out in paragraph 9 of the Lease.
NOW THEREFORE, the parties agree as follows:
1. Pursuant to paragraph 9 of the Lease, requiring redetermination of the rent
at five -year intervals, the parties agree that, beginning July 1, 2013, the rent shall be
$7,236.97 per annum, plus applicable sales taxes.
2. The parties agree that this new rent shall be effective for two (2) years
between July 1, 2013, and June 30, 2015, after which rent shall be redetermined every five
years pursuant to paragraph 9 of the Lease as amended.
4. Except as expressly modified or stated herein, all other terms and conditions
of the Lease (as amended) remain in full force and effect.
By:
Rick R. Koch
Its: City Manager
IC
Patrick J. Doyle
By:
Mary J. Doyle
Approved,as to form:
Scott Bloom
City Attorney
Eighth Amendment to Lease — Lot 5, Block 1, Gusty Subdivision Page 2 of 3
State of Alaska )
) ss
Third Judicial District )
The foregoing instrument was acknowledged before me this day of , 2013,
by Rick R. Koch, City Manager for the City of Kenai.
Notary Public of Alaska
My Commission Expires:
State of Alaska )
) ss
Third Judicial District )
The foregoing instrument was acknowledged before me this day of , 2013,
by Patrick J. Doyle.
Notary Public of Alaska
My Commission Expires:
State of Alaska )
ss
Third Judicial District )
The foregoing instrument was acknowledged before me this day of 2013,
by Mary J. Doyle.
Notary Public of Alaska
My Commission Expires:
RETURN TO:
CITY OF KENAI
210 Fidalgo Avenue
Kenai, AK 99611 -7794
Eighth Amendment to Lease — Lot 5, Block 1, Gusty Subdivision Page 3 of 3
' lk
THIS Ninth Amendment to Lease is made as of the day of
2013, by and between the CITY OF KENAI (City), a municipal corporation whose address
is 210 Fidalgo Avenue, Kenai, Alaska 99611, and SCHILLING RENTALS, LLC (Lessee),
whose address is 420 N. Willow, Kenai, AK 99611.
WITNESSETH
WHEREAS, on March 2, 1966, the City entered into a lease with Ray Cason for
City -owned lands identified as Lot 1, Block 4, General Aircraft Apron, Kenai, Alaska,
which lease was recorded at Book 40 Pages 275 -279 on July 7, 1971, in the Kenai
Recording District, Third Judicial District, State of Alaska (the Lease); and,
WHEREAS, since March 2, 1966, the rights under the Lease have been assigned
or transferred to various Lessees, including the current Lessee, Schilling Rentals, LLC;
and,
WHEREAS, the parties to the Lease have amended the Lease over the years which
amendments are recorded in the Kenai Recording District and summarized as follows:
Amendment to Lease recorded at Book 172 Pages 257 -272 on June 16, 1981,
amending the terms of the Lease;
Amendment to Lease recorded at Book 212 Pages 234 -235 on July 5, 1983,
redetermining the rental rate;
Amendment to Lease recorded at Book 315 Pages 884 -885 on September 3, 1987,
amending the legal description to "Lot 1A, Block 4, General Aviation Apron 93";
Amendment to Lease recorded at Book 330 Pages 063 -064 on June 6, 1988,
redetermining the rental rate;
Amendment to Lease recorded at Book 420 Pages 336 -337 on June 15, 1993,
redetermining the rental rate;
Amendment to Lease recorded at Book 531 Pages 612 -613 on June 8, 1998,
redetermining the rental rate;
Eighth Amendment to Lease — Lot IA, Block 4, General Aviation Apron Page 1 of 3
Amendment to Lease recorded at 2012- 001920 -0 on March 6, 2012, redetermining
the rental rate effective July 1, 2003;
Amendment to Lease recorded at 2012- 001921 -0 on March 6, 2012, redetermining
the rental rate effective July 1, 2008;
WHEREAS, in order to change the five -year cycle to years ending in zero (0) and
five (5), the next rent rate adjustment shall be performed in 2015 rather than 2013, after
which the parties will again proceed within five -year intervals for rent renegotiation as set
out in paragraph 9 of the Lease as amended on June 16, 1981.
NOW THEREFORE, the parties agree as follows:
1. Pursuant to paragraph 9 of the Lease as amended on June 16, 1981,
requiring redetermination of the rent at five -year intervals, the parties agree that, beginning
July 1, 2013, the rent shall be $3,800.86 per annum, plus applicable sales taxes.
2. The parties agree that this new rent shall be effective for two (2) years
between July 1, 2013, and June 30, 2015, after which rent shall be redetermined every five
years pursuant to paragraph 9 of the Lease as amended.
4. Except as expressly modified or stated herein, all other terms and conditions
of the Lease (as amended) remain in full force and effect.
By:
Rick R. Koch
Its: City Manager
SCHILLING RENTALS, LLC
I
Approved as to form:
Scott Bloom
City Attorney
Eighth Amendment to Lease — Lot 1 A, Block 4, General Aviation Apron Page 2 of 3
State of Alaska )
) ss
Third Judicial District )
The foregoing instrument was acknowledged before me this _ day of , 2013,
by Rick R. Koch, City Manager for the City of Kenai.
Notary Public of Alaska
My Commission Expires:
State of Alaska }
) ss
Third Judicial District )
The foregoing instrument was acknowledged before me this _ day of , 2013,
by (Name), (Title), on behalf of
SCHILLING RENTALS, LLC, a Alaska Limited Liability Company, on behalf of the
Limited Liability Company.
Notary Public of Alaska
My Commission Expires:
I: iNIIIHi►�iI1Ti
CITY OF KENAI
210 Fidalgo Avenue
Kenai, AK 99611-7794
Eighth Amendment to Lease — Lot IA, Block 4, General Aviation Apron Page 3 of 3
COMMISSION R i 'r REPORT
January 10, 2013
RPQTLESTED
CHANGES TO THE AGENDA BY:
6c i Discussion/ Recommendation: Lease Amendments - Dan 0.
i Pitts- Lot IA &, Lot 2A1, F.B4O Subdivision
erse
ems; =.s
t .> ♦ 1 z
a• .M
3 -
Memo
To: Airport Commission
From: Mary Bondurant— Airport Mana
Date: January 10, 2013
Subject; Lease Amendments —Dan 0. Pitts— Lot IA and LOT2AI,
F.B.O. Subdivision
Dan Pitts has requested Amendment(s) to the purpose(s) for which the above leases are
issued. The properties were leased in 1984 for 97 years for use as a "freight facility ".
The amendments would amend the lease for Lot IA from "freight facility" to "freight
facihty, fuel operations, and airport support: operations" and the lease for Lot 2A1 fi-orn
"freight facility" to "freight facility and parking and storage ".
I have reviewed the lease amendments in accordance with KMC 21.10.070:
✓ Airport Land Use Plan FAA approved ALP July 2004 shows:
Sheet 13 of 16 Existing Land Use and Zoning Drawing, designates use as
Aviation - Related, ctivities,
✓ Sheet 14 of 16 Future Land Use Drawing, designates use as Commercial Aviation.
The proposed use conforms to the land use definitions above.
Airport Layout Plan — The facility complies with the latest ALP.
unvw. kenaiuirpnrt:eorn
V Airport Master Plan — Designates the land, as Commercial Aviation/Air Cargo.
Meets the requirement for KMC 14.20.130 Light Industrial Zone.
✓ FAA Regulations: Appears to meet FAA regulations.
v' ALP Grant Assurances: No conflict.
✓ Airport Operations: Storage area has an 8" foot high site- obscuring; fence.
The proposed uses appear to meet all requirements of the Airport Land Use Plan, Airport
Layout Plan; Airport Master Plan, FAA regulations, Grant Assurances, and. Airport
Operation standards.
Also enclosed are memos from the Assistant to the City Manager and the City Planner
documenting Planning and Zoning. actions.
DOES COMMISSION RECOMMEND THE CITY PROCEED WIT H THE
LEASE AMENDMENTS FOR LOT IA AND LOT 2Ai F.B.O. SUBDIVISION?
Attachments
Cc: Marilyn lsebschull — City Planner
bt»vu, kcnrUfahl2orl,,coin
IM
MEM01M
TO: Christine Cunningham, Assistant to City Manager
FROM: Marilyn Kebschull, Planning Administrator
DATE: January 10, 2013
SUBJECT: Lease Amendments - -Dan O. Pitts —Lot IA and Lot 2AI, FRO,
Subdivision
At their meeting on January 9, the Planning & Zoning Commission reviewed the
proposed lease amendments for the above- referenced properties, The Commission found
that the changes proposed conform to the Airport Land Use Plan, Comprehensive Plan,
and Zoning ordinance and recommended the City proceed with the amendments. For
your records I have attached a copy of the memo I prepared for the Commission which
outlines the standards used to review the proposed amendments.
Attachment
cc: Mary Bonduram, Airport Manager
FROM: Marilyn Kebschull, Planning
DATE: December 21, 2012
SUBaTECT: Lease Amendments —Dan O. Pitts —Lot IA and Lot 2A1, F.B.O.
Subdivision
Attached is a memo from Christine Cunningham, Assistant to City Manager, requesting
the Commission review proposed lease amendments for the above - referenced airport
properties. The amendments would amend the lease for Lot l A from "Freight Facility"
to "Freight Facility, Fuel Operations, and Airport Support Operations." The amendment
for Lot 2A1 would amend tine use from "Freight Facility" to "Freight Facility and Parking
and Storage." In addition; the amendment for Lot 2AI requires that the rates for parking
shall not be less than the rates charged by the City for airport parking. These properties
are located at 401 and 403 North Willow Street and located in the Airport Reserve. I
have reviewed the proposed lease amendments to assist the Commission with the review.
The following information addresses the uses proposed in the amendments:
Airport Land Use Plan — The ALP was approved in July, 2009. On sheet 13 of
the plan, the property is identified as Aviation Related Activities. Sheet: 14 of the
approved ALP, identifies the parcels as Commercial Aviation, The Supplemental
Plan defines Commercial Aviation as, "Areas used activities requiring taxiway
access such as air cargo facilides,hangars, corporate jet support facilities, military
facilities, fueling facilities, and airline and air taxi hangar /office complexes."
The amendments identify the uses as "Freight Facility, Fuel Operations, Airport
Support Operations, Parking, and Storage." It appears the uses conform to the
ALP.
> Comprehensive Plan —The City of Kenai Comprehensive Land Use Plan
Lease Amendments
Dan C. Pitts — Lot IA and Lot 2AI, F.B.O. Subdivision
Page 2
identifies the area as Airport Industrial, The Airport Industrial area is defined as,
"The Airport Industrial district identifies airport lands reserved for the Kenai
Municipal Airport and its future expansion, and tracts needed for present and
future aviation - related uses and activities.
The uses conform to the Comprehensive Plan:
A Zoning —The property is zoned IL — Light Industrial. Airports and Related Uses
and Storage vsrds are permitted within the zone. Kenai Municipal Code
14.20.130(f)(2) requires, "Open Storage. No open storage shall be located closer
than twenty -five feet (25) to the adjoining right-of-way of any collector street or
main thoroughfare. Any open storage visible from a collector street or main
thoroughfare shall be enclosed with an eight -foot (8') high fence of good
appearance acceptable to the Commission." Based on a recent site inspection; it
appears that a portion of the properties used for storage is not screened.
Administration will be working with the lessee to ensure the areas used for
storage meets code requirements.
The proposed lease amendments conform to the ALP, Comprehensive Plan, and Zoning.
DOES THE COMMISSION RECOMMEND MEND THE; CITY PROCEED ED ITH THE
LEASE AMENDMENTS FOR LOT IA AND LOT 2AI F.B.O. SUBDIVISION?
Attachment
cc: Mary Bondurant, Airport Manager
FROM: Marilyn Kebschull, Planting
BA'T'E. December 2i, 2012
SUBJECT. Lease Amendments —Dan O. Pitts —Lot IA and Lot 2A1, F.B.O.
Subdivision
Attached is a memo from Christine Cunningham, Assistant to City Manager, reiluesfirg
the Commission review proposed lease amendments for the above- referenced airport
properties. The amendments would amend the lease for Lot 1A from "Freight Facility"
to "Freight Facility, Fuel Operations, and Airport Support Operations." The amendment
for Lot 2A I would amend the use f7om "Freight Facility" to "Freight Facility and Parking
and Storage." In addition; the amendment for Lot 2A1 requires that the rates for parking
shall not be less than the rates charged by the City ;for airport: parking, These properties
are located at 401 and 403 North Willow Street and located in the Airport Reserve. I
have reviewed the proposed lease amendments to assist the Commission with the review.
The following information addresses the uses proposed in the amendments:
Airport Land Use Plan — The ALP was approved in Tiny, 2009. On sheet I3 of
the plan, the property is identified as Aviation Related Activities. Sheet 14 of the
approved ALP, identifies the parcels as Commercial. Aviation. The Supplemental
Plan defines Commercial Aviation as, "Areas used activities requiring taxiway
access such as air cargo facilities, hangars, corporate.jet support facilities.. military
facilities, fueling facilities, and airline and air taxi hangar /office complexes."
The amendments identify the uses as "Freight Facility, Fuel Operations, Airport
Support Operations, Parking, and Storage. It appears the uses conform to the
ALP.
Y Comprehensive Plan — "fhe City of Kenai Comprehensive Land Use Plan
Lease Amendments
Dan 0: Pitts —Lot IA anal Lot 2A1, £'.B4O. Subdivision
Page 2
identifies the area as Airport Industrial, The Airport Industrial area is defined as,
"The Airport Industrial district identifies airport lands reserved for the Kenai
Municipal Airport and its future expansion, and tracts needed for present and
future aviation - related uses and activities.
The uses conform to the Comprehensive Plan,
A Zoning —The property is zoned IL — Light Industrial. Airports and Related Uses
and Storage Yards are permitted within the zone. Kenai Municipal Code
11.20.130(1)(2) requires, "Open Storage. No open storage shall be located closer
than twenty -five feet (25') to the adjoining tight -of -way of any collector street or
main thoroughfare. Any open storage visible fi om a collector street or main
thoroughfare shall be enclosed with an eight -foot (8') high fence of good.
appearance acceptable to the Commission." Based on a recent site inspection, it
appears that a. portion of the properties used for storage is not screened.
Administration will be working with the lessee to ensure the areas used for
storage meets code requirements.
The proposed lease amendments conform to the ALP, Comprehensive Plan, and Zoning.
DOES T14E COMMISSION RECOit I)IEND THE CITY PROCEED WITH THE
LEASE AMENDMENTS FOR LOT IA AND LOT 2A1 F.B.O. SUBDIVISION?
Attachment
lcc: Mary BonduTant, Airport Manager.
➢ enai
RECEIVE D ItEth
'77Y Or' KENAI 1 f
DR'232012 t
z� u
FROM: Christine Cunningham, Assistant to City Manager
SUBJECT: Amendment(s) to Lease of .Airport Lands between the City of Kenai
and Can O. Pitts for Lot 1A and Lot 2A1, F ED Subdivision
Clan O. Pitts has requested Amendment(s) to the purpose(s) for which the above leases
are issued. Mr. Pitts has leased the referenced Airport properties since 1984 for a term
of 97 years for use as a "Freight Facility."
On May 13, 2009, the Planning & Zoning Commission found that the following proposed
Amendment(s) conformed to the ALP, the Comprehensive Plan, and Zoning:
1. Amendment to Lease for Lot 1P, changes the use from "Freight Facility" to "Fuel
Operations and Aircraft Support Operations."
2. Amendment to Lease for Lot 2A1 changes the use to state: "Parking
(automobiles and RV's.) The rate charged for automobile parking shall not be
less than the rate charged by the City, No storage will be allowed in the parking
area, and the designated storage area must have a site- obscuring fence."
On May 14, 2009, the Airport Commission recommended the above Amendments for
approval, but did not "support the City telling the leaseholder what could be charged for
parking.,,
However, the above Amendments were not executed, pending the City's approval of the
existing subleases. Mr. Pitts has submitted two existing subleases and two new
Page 2 of 2
December 11, 20i2
Amendment(s) to Lease of Airport Lands, Dan O. Pitts, Lot 1A and Lot 2A1, FBO Subdivision
subleases, which have been scheduled for Action/Approval at the December 19 Kenai
City Council meeting. In order to allow flexibility in subleasing the properties for airport
related uses Mr. Pitts is requesting that the City approve the attached Amendments,
which provide for use of the Leases for the original purpose of a "Freight Facility" as well
as the above referenced uses approved by Planning and Zoning in 2009.
Please schedule the proposed Amendments for review and comment by the Planning
and Zoning Commission and the Airport Commission,
cc: Dan 0. Pitts
Attachments
Dan 0. Pitts Leases
EIGHTH AMENDMENT TO LEASE
THIS Eighth Amendment to Lease is made as of the __ day of __1
2012, by and between the CITY OF KENAI (City), a municipal corporation whose address
is 210 Fidalgo Avenue, Kenai, Alaska 99611, and DAN O. PITTS (Lessee), whose address
is P.O. Box 1916, Soldotna, Alaska 99669,
WiT'NESSETH
WHEREAS, on July 27, 1984, the City entered into a lease with Dan O. Pitts, for
City -owned lands identified as Lot IA, FBO Subdivision, South Addition, which lease was
recorded at Book 243 Pages 491 - 505, on August 13, 1984, in the Kenai Recording
District, Third Judicial District, State of Alaska (the Lease); and,
WHEREAS, the Lease has been amended over the years, which amendments are
recorded in the Kenai Recording District and are summarized as follows:
Amendment to Lease,, recorded at Book 291 Page 879, on July 28, 1986,
redetermining the annual rent;
Amendment to Lease, recorded at Book 319 Pages 272 - 271 on November 2,
1987, amending paragraph 15 of the Lease as to indemnification and insurance
covenants;
Amendment to Lease, recorded at Boole 3'81 Pages 510 - 511, on April 26, 1991,
redetermining the annual rent;
Amendment to Lease, recorded ai Book 483 Pages 1107 — 108, on April 23, 1996,
redetermining the annual rent;
Amendment to Lease, recorded at Book 604 Pages 661 - 662, on April 24, 2001,
redetermining the annual rent;
Amendment to Lease, recorded at 2046 - 006684 -0, on June 29, 2006,, redetermining
the annual rent;
Amendment to Lease, recorded in 2011- •005819 -0, on June 22, 2011, redetermining
the amoral rent and amending the five -near rent renegotiation cycle to years ending
in zero (0) and fve(5);
Eighth Amendment to Lease— Lot 1A, FBO Subdivision, South Addition Page I of 3
and,
WE? AS, in order to change the purpose for which the Leasers issued to reflect
the current use, the purpose should be amended from "Freight Facility" to "Fuel
Operations and Airport Support Operations."
NOW THEREFORE, the parties agree as follows:
1. That the Lease is Amended as follows: Section A. PURPOSE: The purpose
for which the Lease is issued is: Freight Facility, Fuel Operations, and Airport Support
Operations.
2. Except as expressly modified or stated herein, all other terms and conditions
of the Lease (as amended) remain in full force and effect.
CITY OF KENAI
By:
Rick R. Koch
Its: City Manager
DAN 0. KITTS
By
Dan O. Pitts
Approved as to form:
Scott Bloom
City Attorney
Eighth Amendment to Lease — Lot IA, FBO Subdivision, South Addition Page 2 of 3
State of Alaska
Third Judicial District
The foregoing instrument was acknowledged before me this day of __, 2012;
by Rick R. Koch, City Manager for the City of Kenai.
Notary Public of Alaska
My Commission Expires:
State of Alaska
ss
Third District
The foregoing instrument was acknowledged before me this __ day of , 2012,
by Dan O. Pitts.
Notary Public of Alaska
My Commission Expires:
RETURN TO:
CITY OF KENAI
210 Fidalgo, Avenue
Kenai, AK 99611-7794
Eighth Amendment to Lease — Lot I& FBO Subdi)ision, South Addition Page 3 of 3
NINTH AMENDMENT FHB LEASE
THIS NINTH Amendment to Lease is made as of the day of
2012, by and between the CITY OF KENAI (City), a municipal corporation whose address is 210
Fidalgo Avenue, Kenai, Alaska 99611, and DAN O. PITTS (Lessee), whose address is P.O. Box
1916, Soldotna, Alaska 99669.
WITNESSETH
WHEREAS, on July 27, 1984, the City entered into a lease with Dan O. Pitts, for City-
owned lands identified as Lot. 2A, FBO Subdivision, South Addition, which lease was recorded
at Book 243 Pages 506 - 5211 on August 13, 1984, in the Kenai Recording District, Third
Judicial District, State of Alaska (the Lease); and,
W 'EPX,,AS, the Lease has been amended over the years, which amendments are
recorded in the Kenai Recording District and are summarized as follows:
Amendment: to Lease, recorded at Book 291 Page 880, on July 28, 1986, redetermining
the annual rent and further, describing the leased property as "Lot 2A, Block I";
Amendment to Lease, recorded at Book 317 Pages 905 - 906, on October 5, 1987,
amending the square footage of the leased property to 42,750 to reflect the recordation of
resubdivision plat number 86 -186, altering the legal description of the leased property to
be `Lot 2.A1, FBO Subdivision South Addition No. 2, and redetermining the annual rent;
Amendment to Lease, recorded at Book 319 Pages 270 - 271, on November 2., 1987,
amending paragraph 15 of the Lease as to indemnification - and insurance covenants;
Amendment to Lease, recorded at Book 381 Pages 508 - 509, on April 26, 1991,
redetermining the annual rent;
Amendment to Lease, recorded at Book 483 Pages 109 — I10, on April 23, 1996,
redetermining the annual rent;
Amendment to Lease, recorded at Book 604 Pages 659 - 660, on April 24, 2001,
redetermining the annual rent;
Ninth Amendment to Lease - -Lot 2A I, FBO Subdivision South Addition No. 2 Page I of 3
Amendment to Lease, recorded at 2006-006683-0, on June 29, 2006, redetermining the
amoral rent;
Amendment to Lease, recorded at 2011-005772-0. on June 21, 2011, redetermining the
annual rent and amending the five-year rent renegotiation cycle to years ending in zero (0)
and five (5);
arid,
WHEREAS, in order to change the purpose for which the Lease is issued to reflect the
current use, the purpose should be aniended from "Freight Facility" to "Parking and Storage,"
NOW THEREFORE, the parties agree as follows:
That the Lease is amended as follows: Section A. PURPOSE: The purpose for
which the Lease is issued is: Freight Facility and Parking and Storage, The rate charged for
vehicle parking shall not be less than the rates charged by the City for airport parking.
2. Except as expressly modified or stated herein, all other terms and conditions of
the Lease (as amended) remain in fall force and effect,
CITY OF IKENAI
By:
Rick R. Koch
Its: City Manager
DAN 0. PITTS
BY:
Dan O. Pitts
Ninth Amendment to Lease— Lot 2A I . F130 Subdivision South Addition No. 2 Page 2 of 3
Approved as to form:
Scott Bloom
City Attorney
State of Alaska
) as
Third Judicial District
The foregoing instrument was acknowledged before me this _ day of __, 2012, by
Rick R. Koch, City Manager for the City of Kenai,
Notary Public of Alaska
My Commission Expires:
State of Alaska
ss
Third Judicial District
The foregoing instrument Nvas acknowledged before me this __ day of _' 220 12 by
,
Dan 0' Pitts< I I
Notary Public of Alaska
My Commission Expires:
RETURN TO:
CITY OF KENAI
210 Fidalgo Avenue
Kenai, AK 99611-7794
Ninth Amendment to 1 ease — Lot 2A1, FBO Subdivision South Addition No, 2 Page 3 of 3