Eckels RequestsPagel of ?
Theresa White
From: Steve Eckels [eckels@guitarmusicman.com]
Sent: Monday, January 18, 2010 1:33 PM
To: Jane Howington; Theresa White
Cc: Scott Scott
Subject: Eckels requests
To; Jane Howington
Re: Airport documents
Hi Jane
I hope you had a restful weekend and are ready for another exciting week in city government.
I am requesting some materials to help me prepare for the Council meeting tonight. I will stop by city hall at 3:30
to pick up the following:
1. A copy of the lease agreement between the city and Red Eagle Aviation
2. A list of all modifications done to the airport since 1993 (as referenced in the conditional use laws)
3. The paperwork and certificates for the the fuel storage tanks at the airport. It occurred to me that one reason the fuel at Glacier
Airport is more
expensive is because they have their tanks properly inspected and updated.
4. The date and author of the Airport manager's job description. I feel a lot of the current headaches would have been avoided if the
city was running the airport (the FBO/selling the gas) instead of having a private middle man.
I look forward to seeing you at 3:35. I will also be visiting with Tom Jentz. Perhaps the three of us can get together.
Excerpts From the Kalispell Zoning Law
27.20.010: Intent. A public district to provide and reserve areas for public uses in order
to preserve and provide adequate land for a variety of community facilities
which serve the public health, safety and general welfare. Such public uses
would include schools, public buildings, parks, and open spaces, etc
27.20.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Airports, hangers and landing fields.
(2). Amusement park or zoo and similar out-of-doors activities.
`(3). Assembly halls, coliseums, stadiums, convention hall facilities.
�). Cemeteries, mausoleums, columbariums, crematories.
V2010
rage z oI i
(5). Colleges, university - public and private.
(6). Community center, gym, swim pools - operated by public and quasipublic.
(7). Community residential facility for eight (8) or fewer persons.
(8). Community residential facility for more than eight (8) persons.
(9). Electrical distribution station.
(10). Electric light and power generating station.
(11). Foster or group homes serving eight (8) or fewer persons.
etc.....
24.34.010 General Provisions.
(1). No structure, building or land shall be used, constructed, altered, or
expanded where a Conditional Use Permit is specifically required by
the terms of these regulations until a Conditional Use Permit for such
use has been authorized by the city council AND issued by the zoning
administrator.
(2). (Grandfather clause) Any use which was lawfully established prior to the adoption,
extension or application of these regulations and the use is now
permitted by these regulations subject to a Conditional Use Permit,
may continue in the same manner and to the same extent as conducted
prior to said adoption or extension of these regulations without
securing a Conditional Use Permit provided that BEFORE the structure or
building in which said use is conducted may be altered, added to,
enlarged, expanded, or moved from one location to another on the lot,
or before said use may be expanded within the building or extended
1/20/2010
Page 3 of 3
over the lot on which said use is located, a Conditional Use Permit
shall be secured from the zoning administrator.
1/20/2010
rage i or i
Theresa White
From: Steve Eckels [eckels@guitarmusicman.com]
Sent: Monday, January 18, 2010 1:23 PM
To: Michelle Anderson; Theresa White; Jane Howington
Cc: Scott Scott
Subject: Eckels Request/Thanks
To: Tom Jentz
Re: "Conditional Use Grandfather Exemptions"
Hi Tom
I hope you enjoyed a restful weekend. Thanks again for the crash course in zoning you gave me Thursday and for the study materials.
I have had a chance to study the zoning laws and it appears to me that grandfather clause only applies when there are no "changes, used, constructed, altered, or
expanded". If this is true, then the airport has been running without the necessary conditional use permit if any changes have taken
place after 1993 when the law went into effect.
To save on red tape, Is there an unwritten policy that unless the public complains, the regulations are ignored?
I would like a copy of the remedies/penalties that are enforced when an entity is not in compliance with
regulations (I would like this, even if you think the airport is in the clear for some reason.)
I will stop by Tuesday at 3:35 to pick up the regulations.
Thanks again and best wishes.
Steve
1/20/2010
rage I or I
Theresa White
From: Scott Scott [maxwellsnortsnort@hotmail.com]
Sent: Thursday, January 14, 2010 11:19 AM
To: bidcaller65@hotmail.com; f.thomas@centurytel.net; zatmike@centurytel.net; m.paulson@bresnan.net;
maryiverson@bresnan.net; hammerquistl2@yahoo.com; fredh@bresnan.net; robe rtt@montana.com;
fschroeter@centurytel.net; kyv59903@centu rytel. net; wisebunch@bresnan.net; joanskare@centurytel.net;
peggylee@marketyourart.com; mjdardis@yahoo.com; crystal lynn seiler; paulinem@cyberport.net;
mojocat@aboutmontana.net; admason@centurytel.net; jpress@centurytel.net; douise@gmail.com;
susanneoconnor@centurytel.net; roxiebrothers@centurytel.net; Scott Davis; phil.cjpllc@yahoo.com; jo-
blake@bresnan.net; tom_smithlin@hotmail.com; Iinda397@centurytel.net; siblerud@bresnan.net; Marye Flowers;
joblake@bresnan.net; eckels@guitarmusicman.com; theprofessor52@yahoo.com; joann_vitovec2003@yahoo.com;
marilynmm@bresnan.net; djeep@bresnan.net; wmcmichael@semitool.com; rgmikelson@gmail. com;
philJerrig@yahoo.com; nkimball@dailyinterlake.com; kuhlpan@cyberport.net; ceaton@interbel.net;
citymayor@kalispell.com; Theresa White; Theresa White; Jane Howington; enelson@flathead.mt.gov;
gary.gates@faa.gov; kofi@kofiradio.com; kals@kals.com; news@kcfw.com; news@kpax.com; news@kaj.com;
petercarroll@flatheadlaw.com; tammi@fisherlaw.org; yorkie_mt@hotmail.com
Subject: City Airport
Quiet Skies Members and Non -Members
Tonight at the Outlaw Inn at 7:00 pm we are having a Quiet Skies Informational Option Meeting, concerning
the relocation of the Kalispell City Airport.
Our guest speakers are going to be Mr. Craig Eaton, Mr. Eaton was instrumental in getting the Eureka City/County
Airport developed, he headed the possitions as Airport Manager, Mayor of Eureka, Counsel Member, Airport Board
Member, Concern Citizen, and he's also an Aviator. We are so happy that he has agreed to speak tonight on his
adventures in building and relocating and establishing an Airport there in Eureka. We of Quiet Skies feel that Mr.
Eaton is a wealth of information very much needed for the citizenry and our Counsel Members and Mayor to help
make decisions on our issues with our City Airport.
Also speaking is Mr. Dave Heine, Dave is a real state broker here in Kalispell, I asked around to a number of
offices and they all directed me to Mr. Dave Heine, of Western Brokers of Kalispell. I had a very pleasant meeting
with Dave and I asked him where is there room enough to put an Airport around Kalispell. Mr. Dave Heine has
located number of locations, shovel ready so to speak, no condemnation, no negations with a number of property
owners. And I think we all will be surprised at the fantastic locations. His presentation will follow Mr. Craig Eaton.
There will be question and answer segments between all speakers. This public meeting is only concerning topics
and discussions of re -location of the Airport, moving the Airport to GPI.
If time willing, we do want to touch on peoples ideas and wants for the city property at this location for the
future. Such as what should be replace at this location to generate revenue for the city.
Please come and bring family and friends, it's your meeting. See you all there.
9
Hotmail: Powerful Free email with security by Microsoft. Get it now.
1/20/2010
Fage 1 of 2
Theresa White
From: Barbara Eckels [barb@guitarmusicman.com]
Sent: Sunday, January 17, 2010 1:32 PM
To: Gary.Gates@faa.gov
Cc: Jane Howington; Theresa White; Thelma Keys -Nicol; Michelle Anderson; Teresa Parker; Kristi Curtis; Judi Funk;
Katharine Thompson; Dan Diehl; Terry Milton; Nancy Kimball; dtesta@flatheadbeacon.com
Subject: Eckels/Kalispell
To Gary Gates/FAA Airports Division:
cc: City officials
re: Airport modifications since 1993
From: Steve Eckels, Kalispell
Hi Gary
I have done some checking with our zoning department and have discovered that the Kalispell City Airport has never
obtained
a "conditional use permit". I think the staff was under the assumption/opinion that the airport was grandfathered in
with "no conditions regarding
changes". I know there have been a number of construction projects at the airport since 1993 when the law went into
effect 17 years ago. I would like you to provide me with an itemized
the list of projects that have occurred during this time. I will be checking with the zoning department and city officials as
to the necessary remedies for the public and for the
FBO which has been operating under this assumption of immunity.
The purpose of the conditional use permit is "to protect the public health, safety and welfare". I would refer you to
Kalispell Zoning ordinance 27.2 "P-1 Public". (see below)
Airports are required to have the permit BEFORE "a structure (such as runway) or building is altered, added to, enlarged,
expanded or moved. The grandfather provision applied so long as there are no changes to the structre.
(See general provisions 24.34.010.)
This makes sense to me. Otherwise an entity could grow in an ungovernable manner.
Therefore, to repeat - I would like to obtain an itemized list from you of city airport modifications that have been done
since 1993.
I am perplexed as to why this law was neglected and what it says about the whole atmosphere going on here in Kalispell.
I would like to make a presentation to the City Council on Tuesday evening, and would appreciate your prompt attention
to my request.
Sincerely,
Steve Eckels
Excerpts From the Kalispell Zoning Law
27.20.010: Intent. A public district to provide and reserve areas for public uses in order
to preserve and provide adequate land for a variety of community facilities
which serve the public health, safety and general welfare. Such public uses
1/20/2010
Page 2 of 2
would include schools, public buildings, parks, and open spaces, etc
27.20.030: Uses Which May Be Permitted By Conditional Use Permit.
(1). Airports, hangers and landing fields.
(2). Amusement park or zoo and similar out-of-doors activities.
(3). Assembly halls, coliseums, stadiums, convention hall facilities.
(4). Cemeteries, mausoleums, columbariums, crematories.
(5). Colleges, university - public and private.
(6). Community center, gym, swim pools - operated by public and quasipublic.
(7). Community residential facility for eight (8) or fewer persons.
(8). Community residential facility for more than eight (8) persons.
(9). Electrical distribution station.
(10). Electric light and power generating station.
(11). Foster or group homes serving eight (8) or fewer persons.
etc.....
24.34.010 General Provisions.
(1). No structure, building or land shall be used, constructed, altered, or
expanded where a Conditional Use Permit is specifically required by
the terms of these regulations until a Conditional Use Permit for such
use has been authorized by the city council and issued by the zoning
administrator.
(2). (Grandfather clause) Any use which was lawfully established prior to the adoption,
extension or application of these regulations and the use is now
permitted by these regulations subject to a Conditional Use Permit,
may continue in the same manner and to the same extent as conducted
prior to said adoption or extension of these regulations without
securing a Conditional Use Permit provided that BEFORE the structure or
building in which said use is conducted may be altered, added to,
enlarged, expanded, or moved from one location to another on the lot,
or before said use may be expanded within the building or extended
over the lot on which said use is located, a Conditional Use Permit
shall be secured from the zoning administrator.
1/20/2010