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HomeMy Public PortalAboutResolution 07-99 Airport Minimum StndardsRESOLUTION NO. 7-99 A RESOLUTION ESTABLISHING THE MINIMUM STANDARDS FOR COMMERCIAL OPERATIONS AND PRIVATE USERS OF THE MC CALL MUNICIPAL AIRPORT AND REPEALING RESOLUTION NO. 8-90 AND ALL AMENDMENTS THERETO. WHEREAS, the McCall Airport Advisory Committee has reviewed and approved the Minimum Standards, and has recommended that the City adopt the Standards hereinafter set forth; and WHEREAS, the Mayor and Council have reviewed the Minimum Standards at a Council meeting with public attendance. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of McCall, Idaho as follows: Section 1 That the Minimum Standards for leases or private uses or commercial operations of the McCall Municipal Airport, McCall, Idaho, dated August 12, 1999, a copy of which is hereto attached as Exhibit "A" and by this reference incorporated herein, be, and the same are hereby adopted. Section 2 That all previous Standards and any and all other amendments if any, are hereby repealed by the August 12, 1999, Minimum Standards. Adopted this 12' day of August, 1999 Kirk Eimers, Mayor Cherry Wbury, City Clerk 08/12/99 Page 1 EXHIBIT "A" MINIMUM STANDARDS FOR COMMERCIAL OPERATIONS AND PRIVATE USERS OF THE MC CALL MUNICIPAL AIRPORT MC CALL, IDAHO PART I INTRODUCTION AND DEFINITIONS SECTION 1: STATEMENT OF PURPOSE AND SCOPE These minimum standards, together with the Federal Aviation Regulations as promulgated by the FAA and Airport Operation Procedures, govern all aeronautical activities at the McCall Municipal Airport. Fixed base operators shall post these minimum standards in a prominent and accessible place for pilots to see. Additional copies may be obtained through the Airport Managers Office. PART II APPLICATIONS FOR LEASES AND LICENSES Requests for leases of ground and/or facilities on the Airport or for licenses or permits to carry on any commercial, business or aeronautical activity on the Airport shall be made to the Airport Manager. The Airport Manager shall thereafter present the application to the Airport Advisory Committee and the City Council with recommendations. The applicant shall submit all information and materials necessary, or requested by the above, to prove that the applicant will qualify under and will comply with these rules and regulations. The application shall be signed and submitted by an owner of the business, a partner, if a partnership, or an officer or director of a corporation. Minimum Application Information The Airport Manager will not accept or take action on a request to lease land area or in any way permit the installation of a commercial activity until the proposed lessee, in writing, submits a proposal which sets forth the scope of operation they propose, including the following. • The name and address of the applicant. • The proposed land use, facility and/or activity sought. • The names and the qualifications of the personnel to be involved in conducting such activity. 08/12/99 Page 2 Supporting Documents If requested by the Airport Advisory Committee or City Council, the applicant shall submit the following supporting documents to the Airport Manager, together with such other documents and information as may be requested. • A financial statement including a balance sheet. • Credit report authorization. • An economic feasibility study. • Authorization for release of information from such persons as the City and Airport personnel shall deem necessary to determine the applicant's qualifications to perform as set forth in the application. The applicant shall also provide a release for any information, which may be required under Federal or State law or regulation. Review of Application Upon the consideration of the application, the Airport Manager and the City Council, with the recommendation of the Airport Advisory Committee, shall determine whether or not the applicant meets the standards and qualifications as herein set out and whether or not such application should be granted in whole or part, and if so, upon what terms and conditions. In reviewing an application, the following factors will be considered. • Qualifications If the applicant meets all of the qualifications, standards and requirements established by these rules and regulations and the rules and regulations established by the F.A.A. • Safety Hazard If the applicant's proposed operations or construction will create a safety hazard on the Airport. • Cost to the Airport If the granting of the application will require the City of McCall to spend Airport funds or to supply labor or materials in connection with the proposed operations to an extent which or at a time when the City of McCall is unwilling to enter into such arrangements; or the operation will result in a financial loss to the City of McCall. • Availability If there is adequate available space on the Airport to accommodate the entire activity of the applicant at the time of application. • Compliance with Master Plan Does the proposed operation or airport development or construction complies with the Master Plan? • Congestion Will the development or use of the area requested by the applicant deprive existing users of portions of their operation area? Will it cause undue congestion of aircraft or buildings? Will it unduly interfere with the operations of any 08/12/99 Page 3 present user by interfering with aircraft traffic or preventing free access to any other facility? • Misrepresentation Has the applicant interested in the business supplied the City of McCall or Airport Manager with any false information or misrepresented any material fact in the application or supporting documents? Has the applicant failed to make full disclosure on the application or supporting documents? • History of Violations Has any party applying or having an interest in the applicant's business had a record of violating the rules and regulations of any other airport, Federal Aviation Administration Regulations or any other State or Federal statutes? • Prior Defaults Has any party applying or having an interest in the business defaulted in the performance of any lease or other agreement with the Airport or the City of McCall? • Poor Business Record Has any party applying for or having an interest in the business had a business record indicative of unsatisfactory business practices? • Ecological Considerations Will the operator comply with Environmental Protection Agency, Department of Environmental Quality, Valley County Health District and City of McCall Planning and Zoning requirements for the protection for the health, welfare and safety of the inhabitants of the City of McCall? • Performance Bond The City Council may require the applicant post a performance bond. Lease or Contract Upon the approval of any such applications as submitted or modified, the City Council, after considering the recommendations of the Airport Manager and the Airport Advisory Committee, shall cause to be prepared a suitable lease setting forth the terms and conditions of the land and/or the facility use. The lease shall be conditional upon or contain the following minimum conditions and assurances. The City Council may require such additional terms, conditions and assurances, as they deem necessary in a particular instance. • The Lessee is in compliance with and will remain in compliance with the standards required for each activity. • Any structure or facility to be constructed or placed upon the Airport shall be constructed in a manner to conform to all Federal, State and Local safety regulations to include Federal Aviation Administration regulations. All structures shall comply with Federal, State and Local requirements of current building codes and fire regulations. Any construction once commenced will be diligently pursued to completion. Completion and occupancy of the structure must occur within twenty- four months after the execution of the lease. Failure to achieve either substantial progress or completion shall constitute cause for the City of McCall to cancel the lease or to extend the completion dates for construction. 08/12/99 Page 4 " All new construction, external modifications to existing building, and underground excavation will be coordinated with the Airport Advisory Committee and approved by all Federal, State and City agencies. " The right shall be reserved by the City Council to modify or add to the Standards for Operations of Aeronautical Activities on the Airport. Any lease or agreement may be terminated or cancelled in the event of failure to comply with any modification or amendments to Standards after notice thereof has been given. Any lessee who is aggrieved by such amendments may apply to the City Council in the same manner as for a variance under the Planning and Zoning Act. " Adequate assurance of performance of the lease by the lessee will be provided to the City of McCall. Such assurance may be in the form of a security agreement, cash bond or in such other manner or form as the City Council adequate in its sole discretion. " Proper insurance and hold harmless clauses in such amounts and under such conditions the City Council deem proper shall be incorporated in said lease. " There shall be no assignment; transfer or sales of the lease or business permit without prior written consent of the City Council. PART III STANDARDS FOR SPECIFIC ACTIVITIES In addition to meeting the requirements of Part II, Lease or Contract, every person conducting the following specific activities shall meet the additional requirements as hereinafter set out. No fixed base operator or other lessee or concessionaire shall engage in any business or activity other than those for which they have received approval from the City Council. For additional guidance refer to Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5190-1A, Minimum Standards for Commercial Activities on Public Airports. The fact that a party has received a permit or license to conduct a specific activity upon the Airport conveys no exclusive rights. The right to carry on business at the Airport is a privilege conveyed by the City Council and, subject to those rights set forth in the lease agreement and the license, may be granted concurrently to any other party. Furthermore, it is the policy to grant the right and privilege to carry on business at the Airport to all qualified persons who meet the requirements set forth. It is the intent of this policy to promote fair competition at the McCall Municipal Airport and not to expose those who have undertaken to provide commodities and services to irresponsible competition. These rules and regulations adopt and enforce minimum standards to be met by those who propose to conduct a commercial aeronautical 08/12/99 Page 5 activity. These standards, by expressing minimum levels of service that must be offered, relate primarily to the public interest, but appropriate requirements, uniformly applied, discourage substandard enterprises, thereby protecting both established aeronautical activity and Airport patrons. It is not the policy of the McCall Municipal Airport Management or the City Counsel to impose any unreasonable requirement or standard not relevant to the proposed activity. The City Council reserves the right to waive any of the standards listed under this part, with the recommendation of the Airport Advisory Committee, if in the opinion of the City Council existing conditions justify such a waiver. Public Fuel, Oil Sales and Service Persons conducting aviation fuel and oil sales or service to the public on the Airport shall be required to provide the following. • Conveniently located waiting room, with 200 square feet, for passengers and airplane crews of itinerant aircraft together with sanitary restrooms and public telephones. • All fuel must be dispensed through an approved filtration system in accordance with Federal, State and Local regulations. • Shall provide for the adequate and sanitary handling and disposing, away from the Airport, of all trash, waste and other materials, including but not limited to, used oil, solvents, and other waste. The piling or storage of crates, boxes, barrels and other containers will not be permitted within the leased premises. Private "self -fueling" of aircraft In accordance with the Federal Aviation Act of 1958, aircraft owners may fuel their own aircraft, subject to the following standards. • Storage of fuel by aircraft owners conducting fueling of their privately -owned aircraft must be in an approved container, meeting all applicable fire codes: federal, state and local laws. • The individual conducting fueling operations is at all times responsible for preventing the spillage or immediate reporting and cleanup of spillage of fuels and other chemicals on airport surfaces. Aircraft Charter and Taxi Service Persons conducting an aircraft charter and/or taxi service shall be required to provide the following. • Passengers lounge, restroom, and telephone facilities with a minimum of 1000sqft. 08/12/99 Page 6 " Adequate table, desk or counter for checking in passengers, handling tickets or fare collection and handling luggage. " Suitable, properly certified aircraft with properly certified and qualified operating crew. " Adequate parking for customers and employees. Aircraft Engine, Airframe and Accessory Sales and Maintenance All persons operating aircraft engine, airframe and accessory maintenance facilities to the public for hire shall provide the following. " Proper equipment for repairing and inflating aircraft tires, servicing oleo struts, changing engine oil, washing aircraft and aircraft windows and windshields, or for recharging or energizing discharged aircraft batteries and starters. " In case of airframe and/or engine repairs, sufficient hangar space to house any aircraft upon which such service is being performed. " Suitable inside and outside storage space for aircraft awaiting repair or maintenance or delivery after repair and maintenance has been completed, other than major repairs or alterations of less than twenty-four (24) hours' duration. " Adequate shop space to house the equipment and machine tools, jack lifts and testing equipment to perform overhauls as required for FAA certification and repair parts not needing replacement on all single engine and light multi -engine general aircraft. " At least one FAA certified airframe and power plane mechanic available. " Facilities for washing and cleaning aircraft if operator engages in said business. Aircraft Sales and/or Rental Persons conducting an aircraft rental and sales activity shall provide the following. " Office space for consummating sales and/or rentals and the keeping of proper records in connection therewith. " Appropriate facilities for servicing and repairing the aircraft or satisfactory arrangements with other operators approved by the City Council for such service and repairs. Flight Training All persons conducting flight -training activities shall provide the following. 08/12/99 Page 7 " Adequate space for students with proper restroom and seating facilities. " The continuing ability to meet certification requirements of the FAA to conduct the training proposed. Flying Clubs Flying clubs shall have the following requirements. " The club shall be a non-profit entity organized for the express purpose of providing its members with an aircraft or aircraft for their personal use and enjoyment only. The ownership of the aircraft must be vested in the name of the flying club (or owned ratably by all its members). The property rights of the members of the club shall be equal and no part of the net earnings of the club will inure to the benefit of any member in any form (salaries, bonuses, etc.). The club may not derive greater revenue from the use of its aircraft than the amount necessary for the operations, maintenance and the replacement of its aircraft. " Flying clubs may not offer or conduct charter, air taxi or rental of aircraft operations. They may not conduct aircraft flight instructions, except for regular members and only members of the flying club may operate the aircraft. No flying club shall permit its aircraft to be utilized for the giving of flight instruction to any person, including a member of the club owning the aircraft, when such person pays or becomes obligated to pay for such instruction, except when instruction is given by a lessee based on the Airport who provides flight training, or any qualified flight instructor approved by the club. " All flying clubs and their members are prohibited from leasing or selling any goods or services whatsoever to any person or firm other than a member of such a club at any airport owned or controlled by the authority, except that said flying club may sell or exchange its capital equipment. " The flying club, with its permit request, shall furnish the Airport Manager a copy of its charter, by-laws, articles of association, partnership agreement or other documents of the association. Supporting its existence, a list of members shall be provided with the names of the officers and directors and shall be revised on a semi- annual basis. " Evidence of liability insurance shall be provided in the form of a certificate of insurance. No less than one million dollars ($1,000,000) combined single -limit or split limits equal to and not less than one million dollars ($1,000,000) for each personal injury and property damage with respect to each occurrence. " A flying club which violates any of the foregoing regulations or permits one or more member to do so will be required to terminate all operations at the airport controlled by the City of McCall. 08/12/99 Page 8 PART IV AIRPORT FEES Fees at the Airport are set by resolution of the City Council. A copy of the current fee resolution is attached to these Rules and Minimum Standards. These fees may be changed by the City Council. To determine the status of any fee, it is advised that the interested party check with the Airport Manager or the City Clerk. Fuel Flowage Fee All aircraft fuel delivered to the airport is subject to a fuel flowage fee. The fuel flowage fee is set by the City Council by resolution and is imposed on all aircraft fuel delivered to the McCall Municipal Airport. The fuel flowage fee shall be payable to the City of McCall on a quarterly basis. The Bill of Lading or other documents for the deliveries shall be provided to the Airport Manager every 30 days. This documentation is used as a means of tracking fuel sales and for auditing purposes. The gallons delivered must be properly documented, however, the cost of the fuel need not be provided. Private "self -fueling" of aircraft - Storage of fuel by aircraft owners conducting fueling of their privately -owned aircraft must be in an approved container, meeting all applicable fire codes: federal, state and local laws. The individual conducting fueling operations is at all times responsible for preventing the spillage or immediate reporting and cleanup of spillage of fuels and other chemicals on airport surfaces. PART VI USE OF HANGARS Hangars and open space along the flight line are reserved for aviation related uses. Hangars and open space along the flight line may be used for non -aviation uses only in accordance with the regulations set forth in this Part. Aircraft owners and operators may store equipment incidental to aviation activities in hangars provided such storage shall be in compliance with the life and safety requirements of the Uniform Building Code and the Uniform Fire Code. Hangar lessees may store personal property (i.e., personal vehicles, boats, trailers, snowmobiles, etc.) in leased hangars provided the primary aviation use of the hangar is maintained and the life and safety requirements of the Uniform Building Code and the Uniform Fire Code are met. No hangar owner or lessee shall allow or permit the storage of non -aviation -related property or equipment for a fee or for profit. The Fire Marshal of the City of McCall shall be permitted to disallow either outside or hangar storage of any non -aviation related equipment or property when such equipment or property is deemed by the Fire Marshal to create a fire or life safety hazard. 08/12/99 Page 9 Heating units and heating equipment may be installed in hangars so long as such installation and maintenance is in accordance with the specifications for the heater or equipment installed and are in full compliance with the Uniform Building, Life, Safety, and Mechanical Codes. PART VII ADMINISTRATIVE POWERS OF THE AIRPORT MANAGER The Airport Manager or their representative shall at all times have the authority to suspend or restrict any or all operations at any time he deems necessary for the safety of operations. It shall be unlawful for any person to violate or refuse to obey any of the provisions hereof. Whenever permission is required from the City Council to perform some activity, such permission shall be in writing. Any person operating or handling any aircraft or motor vehicle in violation of the provisions herein contained or refusing to comply with the rules and regulations set forth herein may be removed or ejected from the Airport, or may be temporarily deprived of the further use of the Airport and its facilities for such a length of time as may be deemed necessary to insure the safeguarding of the same and the public and its interest therein in addition to all other penalties herein provided. PART VII AMENDMENT AND EFFECTIVE DATE The City Council, with the recommendation of the Airport Advisory Committee, may make such further rules and regulations as it shall deem necessary for the safe and equitable use of the Airport and its facilities. Such rules and regulations shall become effective following the adoption thereof unless the Airport Manager shall declare an emergency in connection therewith, in which case such rules and regulations shall go into effect at once upon adoption. All rules and regulations currently in effect at said airport shall be available for examination at the Airport Manager's Office. These Minimum Standards shall be in full force and effect from the date of their adoption by the City Council of McCall by resolution duly enacted and signed. These Rules and Minimum Standards for the McCall Municipal Airport are adopted by the City Council this 12th day of August 1999, by Resolution 7-99. 08/12/99 Page 10 KIRK EIMERS, MAYOR ATTEST: 08/12/99 Page 11