Resolution 5331 - Finding Public Need - Mitigation of Airport Hazard Created by KGEZ TowersRESOLUTION NO.5331
A RESOLUTION FINDING A PUBLIC NEED FOR THE MITIGATION OF THE AIR
HAZARD CREATED BY THE KGEZ RADIO TOWERS AND SETTING FORTH THE
DIRECTION OF THE KALISPELL CITY COUNCIL TO ESTABLISH THE VALUE OF
RELOCATING OR REMOVING THE TOWERS, TO MAKE A FORMAL OFFER. AND
TO CONSIDER CONDEMNATION.
WHEREAS, the Kalispell City Airport has existed in its current location and served the
important air transportation needs of the City of Kalispell for eighty years and
continues to be vital to the business and economy of the City and the public; and
WHEREAS, approximately 50 years ago the KGEZ radio towers were constructed within the
southeast proximity of the Kalispell City Airport without permission from the
City, County or State governments; and
WHEREAS, the Montana Department of Transportation, Aeronautics Division and the Federal
Aviation Administration have each designated the KGEZ radio towers as a
Hazard to Aviation; and
WHEREAS, pursuant to Title 67, Chapter 7, Montana Code Annotated, the City of Kalispell
enacted Ordinance 1573, establishing the Kalispell City Airport Affected Area
which provides regulation of airspace protection and land use compatibility with
airport operations at the Kalispell City Airport; and
WHEREAS, the KGEZ radio towers are located within the Kalispell City Airport Affected
Area and subject to the City 3 s regulatory powers; and
WHEREAS, the Kalispell City Council acknowledges the designation by the Montana
Department of Transportation, Aeronautics Division and the Federal Aviation
Administration that the KGEZ radio towers are a Hazard to Aviation and
therefore a hazard to the airport operations at the Kalispell City Airport; that air
traffic utilization of the Kalispell City Airport has increased dramatically over
recent years raising the risk of an air traffic accident and therefore makes the
finding that such compromise of the public safety creates the legitimate public
need to remove and/or relocate the radio towers out of hazardous air space; and
WHEREAS, if it is determined by the Kalispell City Council that it is prudent and timely to
pay such costs, the City of Kalispell should make an offer to the owner of the
KGEZ radio towers to relocate such towers out of hazardous airspace at no cost to
the owner and without any discontinuance or degradation to his radio
transmission or, in the alternative, to offer to pay to the owner of the KGEZ radio
towers the projected cost to the City of such tower relocation for which the City
will receive ownership of the towers and the right to remove them.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The City Manager is directed to advise the City Council immediately upon
receiving the necessary documentation of the projected costs of relocating
the KGEZ radio towers. The City Council will then direct the City
Manager whether or not to make a formal offer to the owner of the KGEZ
radio towers.
SECTION II. In the event that the City Manager makes a formal offer to the owner of
the KGEZ radio towers and such offer is rejected, the City Council will
then determine whether or not it shall direct the filing of a condemnation
action in the state District Court.
Theresa White
City Clerk