HomeMy Public PortalAboutResolution 08-90 Adopting minimum standards for leases for private uses or commercial operation of the airportRESOLUTION NO.
A RESOLUTION ADOPTING MINIMUM STANDARDS FOR LEASES FOR
PRIVATE USES OR COMMERCIAL OPERATION OF THE McCALL
MUNICIPAL AIRPORT AND REPEALING THE MINIMrM STANDARD
FOR AIRPORT TENANT'S AND FIXED BASE OPERATORS ADOPTED
MAY 6, 1974, AND ALL AMENDMENTS THERETO.
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 Tune 28, 1980, 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 the Minimum Standards for Airport Tenants and
Fixed Base Operators at the McCall Municipal Airport adopted May
6, 1974, and amendments thereto adopted November 6, 1978, February
5, 1979, September 5, 1985, August 27, 1987, and any and all other
amendments if any, are hereby repealed.
Adopted this 28th day of June, 1990.
Attest:
MINIMUM STANDARDS
for
Leases for Private Uses
or
Commerciaal Operations
fMcCALL MUNICIPAL AIRPORT
McCALL, IDAHO
I. Definitions: Words not defined herein shall be given
the meaning ordiparily applied to such words as used in
the context of airport management and operations.
A. Airport Authority: The overnmental entity qr
agency which owns and operates the airport facility, in
this case, the City of McCall, Idaho.
B. Fixed Base Operatqr (FBO); Any person, firm,
partnership or corporation undertaking 4 business to
perform any of the services to the public aviators,
aircraft or appurtenances, as herein after described in
Section IV is a Fixed Base Operator (FBO).
C. Airport Tenant: Any person, firm, partnership or
corporation which leases airport land for sole use by
the Lessee for either aviation related uses such as a
hangar or non -aviation related commercial uses shall be
an airport tenant.
D. Airport: A11 of land, building, utilities,
equipment, runwa s, taxiways, avigation facilities,
aviation easements, and other appurtenances necessary
to the operation of the McCall Municipal Airport owned
by the City or the United States Government.
II. Purpo es: These Minimum Standards for Leases at the
McCall Municipal Airport have been adopted to:
A. Ensure the safe and efficient operation of the
McCall Municipal Airport;
B. Enhance the orderly growthof the airport;
C. Preclude granting of an exclusive right or
franchise to conduct aeronautical activities in
violation of Section 308(a) of the Federal Aviation
Act of 1958 and subsequent amendments;
D. Conform to the Civil Rights Act of 1964 and
subsequent amendments;
E. Conform to Part 21 of the U.S. Department of
Transportation Regulations;
F. Assure to all lessees the availability of airport
property on fair and reasonable terms and without
unjust discrimination.
III. General Standards for all Lessees:
A. The following requirements are applicable to all
leases made between any person, firm, partnership
or corporation and the airport authority:
1. Time for Construction of mprovements: All
lessees shall make substantialprogress toward
construction of the buildings and physical
facilities anticipated by the lessee within twelve
calendar months after execution of the lease.
Completion and occupancy of the structures must
occur within twenty four months after the date of
execution of the lease. Failure to achieve either
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2
substantial progress or completion shall constitute
cause for the City to cancel the lease or to extend
the completion dates for construction.
2. Insurance: A11 lessees shall protect the
public and. the airport authority from all lawful
damages, claims, or liability by holding a
comprehensive. general liability insurance policy
from a company authorized to do business in the
State of Idaho with limits of not less than:
For FBO1s:
Combined Single Limit (CSL): $1,000,000 for
liability including products.
Certificate of Insurance on all aircraft
owned, leased or controlled by the FBO.
For Tenants:
Owners, landlords, and tenants insurance,
Combined Single Limit (CSL): $500,000.
A certificate of Insurance on the aircraft.
These mipimuiq limits may be increased by State or
City legislation.
The City of McCallshall be named on a certificate
of insurance which shall be forwarded to and filed
by the City Clerk at P.O. Box 1065, McCall, Idaho
83638.
Failure to carry insurance or insurance of the
prescribed coverage shall render any lease null and
void.
3.Reversion of Improvements: Title to any and all
buildings and appurtenances, which may be built on
Authorityproperty, shall revert to the Authority,
when and if the subject lessee vacates the lease
for any reason.
4. Taxes upon Improvements: All lessees shall,
upon completion of construction of facilities,
enroll the buildings, structures and other taxable
personal property on the tax rolls of Valley Count
and pay all taxes and assessments levied against
said property.
5. Subordination: All leases between lessees and
the Authority shall be subordinate to the
provisions of any existing or future agreement
between the City of McCall, Idaho and the United
States government relative to the operation or
maintenance of the Airport, the execution of which
has been or may be required as a condition
precedent to the expenditure of federal funds for
the development of the Airport properties.
All contracts and leases between such operators and
the Authority sha1L be suboidinate to the right of
the Authority duringthe time of war or national
emergency to lease he landing area or any part
thereof to the United States Government for
military or emergency use, and if any such lease is
so made, any provisions of any contracts or leases
between the City and the lessees in conflict with
the provisions of the lease to the Government
shall be suspended for the duration of the conflict
or emergency.
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3
6. Subleasing: No lessor shall sublease or sublet
any ,premises leased from the Airport Authority,, or
assign any such lease, without first securing
written approval of the proposed sublease from the
Authority. Any such subletting or assignment shall
be subject, to all of the Minimum Standards herein
set forth.
7. Lease Ter s: Beginning September 5, 1984,
leases to Fixed Base Operators and airport tenants
shall bg limited to a maximum of twenty (20)
years with an option to renew such lease for
successive periods of five (5) year to ten (10)
ear periods, not to exceed in all a total lease
year
of forty (40) years, including such renewal
periods.
8. Lease Rates: The rates for land leases shall
be set from timg to time by Resolution of the
McCall City Council. Differential rates may be set
for bare ground, for land covered by buildings and
structures, and by other classes of property as may
be determined by the City to be equitable.
The City may elect to defer, discount, reduce,
increase,, adjust or otherwise amend lease rates
wI}en it, is four}d that such amendment or adjustment
will aid, assist, promote or encourage airport
developments which are consistent with the goals of
the airport.
9. Lease Rate Adjustments: All leases currently
in. effect shall continue under the terms and
conditiops for adjustment of lease rates as agreed
to therein.
Allleases approved following adoption of these
Minimum Standards, shall be reviewed annually and
if the percentage increase of the Consumer Price
Index (CPI) (Bureau of Labor Statistics, Urban
Workers Average) for the twelve (12) calendar
months prior to the anniversary date of the lease
increases by 3% or greater, then the lease will be
increased by the CPI percentage.
10. Construction Standards: A11 construction on
tl}e airport. shall bg done in conformance with the
City's adopted building and fire codes; A11
construction must be completed under a building
permit. Further, construction shall conform to
design standaardp set out by the City's zoning code
and any additional criteria for construction
which may be adopted by the City for airport
development.
All construction on the airport will conform to the
City's current Airport Layout. Plan as approved by
the Federal Aviation Administration.
11. Assignment. Transfer and Conveyance of Leases:
Airport leases may be assigned, transferred, and
conveyed upon written approval by the City.
12. Amending Leases: Existing leases may be
d amendeprovide that the amendment brings all
provisions.of,.the lease into conformance with these
Minimum Standards.
13. Default: In the event a lessee or sublessee
fails to comply fully with these minimum standards,
the Authority shall,, in writing, }notify the lessee
stating the. violation and providing reasonable
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4
time, but not less than 10 calendar days after
receipt by the lessee, to correct the deficiency.
If the def iciepcy is not corrected after the ten
day notification period, the City may issue a
notice of default and terminate the Iease or in the
event a sublease is in default, withdraw approval
of the sublease and declare such instrument void.
14. Utility Service Costs: All lessees shall pay
connection and use fees for any utilities used or
cpnpected on the leased premises, including but not
limited to electrical power, water, sewer, garbage,
gas and -telephone services.
1. Rights of Lessees: A11 lessees shall have the
right in common with others to use public areas of
the airport including runways, taxiways, aprons,
roadways, parking areas, landing lights,_ avigation
devices and signals for the takeoff, flying and
landing of aircraft owned by the lessee.
16. Maintenance of Leased Premises: A11 lessees
shall keep and maintain the leased premises in a
neat and orderly manner. This provision shall
include keeping grass cut and buildings, painted as
well as proper temporary storage disposal of
debris,, garbage and other waste material arising
out of its occupancy on the airport.
17. Rights
s of Lessor: The Airport Authority
reserves e following rights:
A. To develop and improve the airport
facility.
B. To enter upon anyleased premises at
reasonable times for he purpose of making
inspections to determine compliance with these
minimum standards, fire codes, building codes
or any covenant or condition of any contract
or lease.
C, To protect the aerialapproaches to the
including from obstructions the right
to prohibit the erection or construction of
buildings,, signs and structures by any
lessees which would constitute a hazard to
aircraft.
IV. Standards for Fixed Base Operators:
A. Persons, firms or corporations undertaking to
provide any aviation service to the public shall,
in addition to meeting the general standards
(Section III) outlined above, shall meet the
standards outlined in this section.
B. A Fixed Base Operator shall not engage in any
business or activity other than that approved by
the terms of the lease with the Airport -Authority.
Such activities are•hereinafter referred to as "FBO
Categories" which shall be specified in the lease
and the special standards applicable to each
category approved shall be metand conformance
maintained.
C. Any F$O wishing to engage, ii activities not
authorized by the lease or wishing to discontinue
operations in any category shall seek a lease
amendment from the Airport Authority for permission
to do so.
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5
D. Each FBO shall provide its own buildings personnel
equipment and other appurtenance or facilities
necessary to carry out its obligations to the
public under any category authorized.
E. Each FBO shall determine its own fees, rates, and
charges for services which shall be equally and
fairly applied to all users of those services.
F. Each FBO shall maintain reasonable business hours,
and shall provide adeqquate staff to carry out its
obligations to the public under any authorized FBO
category.
G. The rightsgranted under a lease are non-exclusive
and the Airport Authority reserves the right to
grant similar privileges to another operatortor
operators for provision of services under any FBO
category.
H. Prior to granting a new FBO lease, the City, may
re uire an economic impact study from the applicant
outlining the need for additional services
deficiencies of current services, and other such
information as the City may specify.
I. The area of land leased shall be of sufficient size
to accommodate all buildings, parking areas, snow
storage areas, aircraft parking and, in addition,
any land expected to be needed for future expansion
of the business activity. The minimum lot size
f9r FBO operation shall be that specified by the
City for lots in the City's "Industrial" zone.
Smaller lot sizes shall require approval through
the City's Planning and Zoning procedures for
Variances from the lot size standard.
J. Minimum Standards by FBO Category:
CATEGORY "A": Flight Instruction & Aircraft Rental
A Fixed Base Operator in this category shall:
1. Have ayailable on a full time employment basis
a minimum of one instructor pilot with
appropriate and current Federal Aviation
Administration pilot and medical certificates.
2. Provide ,and at all times maintain a minimum of
one (1) aircraft owned or leased by and under
the exclusive control of this Fixed Base
Operator vghiCh are properly equipped and
Federal Aviation Administration certificated
for flight instruction and rental.
3. provide a classroom and/or office space, to
include restrooms and parking space for
customers.
4. Demonstrate the continuing ability to meet
requirements for certification of flight
instructor personnel and aircraft by the
Federal Aviation Administration.
5. Assure that ppersonnel operating rental
equipment obtained from the Fixed Base
Operdtor:have appropriate and current Federal
Aviation Adpipistration pilot and approved
medical certificates.
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6
CATEGORY "B": Aircraft Charter and Taxi:
1. Have available a minimum of one Federal
Aviation Administration certificated pilot
with current commercial and instrument ratings
and approved Medical Certificate.
2. Provide a minimum of 500 s uare feet in a
building for passenger shelter, restrooms,
telephone, etc..
3. Provide satisfactory arrangements for the
checkingin of passengers, handling, of
luggage, icketing, and ground transportation,
etc.
4. Provide and at all times maintain a minimum of
one (1) currently certified and continuously
airworthy aircraft owned or leased by and
under the exclusive controlof this Fixed Base
O erator, properly certificated for air
charter or air taxi service.
CATEGORY "C": Crop Dusting and Spraying
1. Furnish suitable arrangements in compliance
with State and Federal u re lations governing
agricultural spray operations for the safe
loading, unloading, storage and containment of
noxious chemical materials.
2. Furnish a minimum of one (1) aircraft with
fclot, The aircraft will be suitably equipped
or agricultural operations with adequate
safeguard againstspillage of chemical spray
mixtunes or materials pn runways and taxiways
or dispersal by wind force to other
operational areas of the airport. The pilot
will have appropriate and current Federal
Aviation Adijiiiistration pilot . and approved
medical certificates.
3. Provide a minimum of 1,000 squarefeet of shop
or storage space and vehicle parking.
4. Provide all EPA approved containment,
wash -down and control facilities for any and
all hazardous materials used in the operation.
CATEGORY "D": Aircraft Sales
1. Have a s41es ov distributorship franchise from
a recognized aircraft manufacturer.
2. Have available during normal working hours of
8:00 a.m. to 5:00 p.ni. Federal Aviation
Administration certificated and currently
airworthy aircraft for sale.
3. Have a minimui of one (1) f}illy qualified
demonstrator ilot employed with current and
appropriate Federal Aviation Administration
pilot and approved medical certificates.
4. A minimum of 1,000 square feet of office space
and customer parking.
5. An agent or broker having more than two (2)
used aircraft on the field for sale in any
calendar year, is required to meet these
minimum standards.
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7
CATEGORY "E",: Aircraft, Engine, Propeller & Accessory
Maintenance:
1. Provide a minimum of 2,000 square feet of
hangar, shop, and storage space.
2. Furnish facilities and equipment for airframe
and power plant repairs, with at least ope duly
Federal Aviation Administration certified A&P
Mechanic and such otherpersonnel as may be
necessary. Such airframe and power plant
repair shall include facilities for both major
and minor repair of light aircraft and engines
used in private aviation.
3. A Fixed,Base Operator in thiq category may
engage,in the buying and selling of new and
used aircraft, aircraft parts and equipment
without meeting the requirements of Category
"Dn.
CATEGORY "F": Radio and Instrument:
1. Provide a minimum of 500 square feet of shop
and storage space.
2. Have available on a full time basis Federal
Aviation Administratl_on certificated
technicians in the field of aircraft
electronics and/or aircraft instruments with
proper Federal Communications Commission
license to conduct com lete aircraft
transmitter, receiver and antennae repair.
3. Provide satisfactory arrangements for access
to and storage of aircraft being worked on.
CATEGORY "G": Sale of Aviation Petroleum Products and
v Ramp Service:
1. Storage and handling of aviation fuels will be
in accordance with American Petroleum
Institute Bulletin No. 1500, Dated October
1976.
2. Have personnel on full time duty during normal
business hours.
3. Provide for aircraft arking and tie -down
areas with adequate tie -down facilities
including, approved ropes or chains and chocks,
for a minimum of ten aircraft.
4. Be required to install and use at all fueling
locations adequate grounding rods to reduce
the hazards of static electricity, and
maintain adequate fire extinguishers.
5. Construct or have available a buildingwith a
minimum of 200 s uare feet conveniently
located and comfortably heated with waiting
room for passengers and crew of itinerant
aircraft while being fueled, including
sanitary restrooms and public telephone.
6. A Fixed.. Base Operator in this category may
engage in the buying and selling of new and
used aircraft, aircraft parts, and equipment
without meeting the requirements of Category
"D"
7. Payment of Fuel Fee; Operators in this
category shall be obligated to charge,
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8
collect, report and remit the fuel flowage fee
set by the authority on all fuels sold from
the field.
V. Airport Tenants:
A. Hangars:
1. Upon adoption of these minimum standards,
trivate hangarsshall be constructed according
o a single design approved by the Authority.
2. Hangars must be used principally for storage
of aircraft. Ancillary uses, e. for
storage of personal effects is permitted as a
secondary use.
3. Fuels and other flammable materials
shall not be stored in hangars. Hangar
tenants are specifically prohibited from
fueling their own or others aircraft in their
hangars.
4. Airport tenants are specifically prohibited
from engaging in activities reserved for
FBO's, namely those activities s ecified in
Section IV, Fixed Base Operator Categories.
5. Hangar lease areas: Lot sizes will be
determined by the City for hangar construction
based on the size, -ttype and design of the
1puildings. Color, design and other aesthetic
issues may be controlled -by the City.
B. Industrial Tenants: Persons, firms or corporations
1. Persons, firms or corporations wishing to
lease airport land for non -aviation purposes
shall make application to the City and shall
meet the general conditions for leases as
applicable. .Other standards may be developed
as the proposed use requires by the City, its
Airport, Advisory, Committee, or its Planning
and Zoning Commissions as are appropriate.
2. Commercially and industrial tenants are
specifically prohibited from engaging in
activities reserved for •FBO's, namely t iose
activities specified in Section IV, Fixed
Base Operator Categories.
VI Exemptions:
A. Existing Leases: Existing Leases shall be subject
to those requirements and minimum standards in
effect at the time the lease was adopted, until the
lease is assigned, transferred, conveyed or
abandoned. At that time, conformance with these
standards shall be required.
B. Flying Clubs: A non-profit flying club meeting the
following. requirements shall be exempt from the
minimum standards but shall meet the following
conditions:
1. Each member of the club is an owner of the
aircraft or a stockholder in the corporation;
2. The club derives revenue from its use of the
aircraft not greater than the amount necessary
for the actual use, operation, maintenance,
and replacement of the aircraft;
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9
3. The club will annually file a list of members
or stockholders with the City;
4. Theclub's aircraft will not be Used by anyone
other than a club me}nber and shall not be
rented for any commercial purpose whatever;
5. Student instruction may be givgn to c],ub
members only, provided that such instruction
is provided by a currently licensed FAA
instructor;
6. Provide the Citywith liability insurance
coverage otherwise referenced in these
standards required for private tenants on the
field.
Failure to meet these standards shall, after due notice
by the City, result in the club being required to meet
all, Fixed Base Operator standards for category IV, "A",
FlightInstruction and Aircraft Rental or other
categories as may be appropriate.
C. Federal and State Agencies: Leases with Federal,and
State Agencies, e.g., the United States Forest Service
the FAA, NOAA,, U.S. Weather Service or the State of
Idaho for facilities and avigqation services on the
McCall Airport are exempt from these Minimum Standards.
Adopted by the City Council this 028"---y
da of h —
1990, p.,I
ATTEST:
Mayor
Revision No: dated:
Revision No: dated:
Revision No: dated:
Minimum Standards