Quiet Skies "Press Release"FOR IMMEDIATE RELEASE, FEBRUARY 1, 2010
CITIZENS' CITY AIRPORT STUDY GROUP TO RELEASE "FINDINGS AND
RECOMMENDATIONS" TO CITY COUNCIL
After several years of study the citizens' city airport study group has presented a twenty -page document of
"findings and recommendations" to the city council. The study group consists of Scott Davis, Steve
Eckels, Carl Feig, Mary Iverson, and Pauline Sjordal and others. The purpose of the document is to
provide positive suggestions and solutions to the problems created by the city airport, which is surrounded
by residential areas and businesses.
The findings and recommendations include three general categories:
I. "Immediate and Provisional" Recommendations
II. "Factual Data, Leading to a Democratic Election"
III. "Environmental assessment Recommendations"
I. IMMEDIATE AND PROVISIONAL RECOMMENDATIONS:
1. Amend the Kalispell zoning law regarding conditional use permits to exclude commercial
flights. This would allow tourism and aviation maintenance and support businesses to continue, but
would eliminate sight seeing helicopters and training flights. Aviation education is better served at
Glacier International Airport because it is more representative of airports students are likely to encounter
in the future.
2. The city council has been under the incorrect assumption that Kalispell zoning laws do not
apply to the city airport because it has been at the current location for many years and as such is immune
from regulation due to grandfather provisions. However, according to Kalispell zoning laws (chapter
27.34) any time a property is altered, a conditional use permit is required regardless of the date the
business was established. In 1995 there were extensive and costly construction projects at the city airport,
which render any grandfather provisions null and void. Furthermore, a business must be used "to the
same extent and in the same manner" in order to be eligible for the grandfather exemption. Even
administrative conditional use permits are not allowed unless an already approved permit has been
granted (27.34.040). The intent of the conditional use permit is "to serve and protect the health, safety
and general welfare of the public". Since airport noise from commercial flights interrupt sleep, work,
education, and recreation, the city has a legal obligation to uphold the law.
4). Rewrite the leases for the airport. The study group has discovered that the leases at the city
airport have been erroneously transacted. According to the Montana code 7-8-4201 all public leases
require approval by the city council. Our city council never voted to approve the city airport leases. This
means the city is obligated to revisit the lease agreements and can make the following improvements, in
the interest of public health and welfare as outlined in the zoning laws.
1) Exclude commercial for -profit flights at city airport, which is public property.
2) Bring the lease to the public for a vote as was done for the Buffalo Hill Golf Course.
3) Obtain recommendations from an independent out of town counsel regarding the legalities, and
remediation of the leases.
II. FACTUAL DATA, LEADING TO A DEMOCRATIC ELECTION
Since the land in question is 70+ acres of city property, the citizens should have a direct say in the
uses and alternative development uses of the property.
To assure neutrality and accuracy, data collection must be administered by independent auditors,
and not by city officials. Therefore a five -step process is recommended. Former city councilman, and
Kalispell business owner, Frank Thomas, wrote this five -step process. Thomas is currently a resident of
flathead county.
1) Hire an independent out of town certified public accountant to present a financial statement of
the city airport activities for the past several years.
2) Do a public survey to determine the pluses and minuses of the airport, and potential alternative
uses for community development.
3) Through an independent out of town auditor, determine the users of the airport and whether
they can be served just as well by Glacier International Airport.
4) Have the property in question appraised by an out of town certified appraiser to determine the
property value and the additional revenue the property would generate if put on the tax rolls.
5) Present this information to the public and place the issue on the ballot for qualified voters to
decide.
III. ENVIRONMENTAL ASSESSMENT RECOMMENDATIONS
The purpose of a new environmental assessment should be to provide information on four options:
1) Decommissioning and remediation of the property.
2
2) The technicalities of moving the current airport lessees to Glacier International Airport.
3) Airport management reorganization leading to direct city management at city airport.
4) Airport expansion, only if the city council deems that expansion is the "highest and best use of the
property".
FURTHER RECOMMENDATIONS TO BE GUARANTEED IN WRITING:
• The new Environmental Assessment must be an "original Work". This will assure accuracy,
transparency, relevance and clarity for the public. This would eliminate the problem with generic, hard to
understand "boilerplate" text.
• To avoid a self-evident conflict of interest, the engineering company hired must agree in advance to
have the accuracy of their work confirmed by "peer review".
• For fairness, the Environmental Assessment must be conducted simultaneously with, or after, the five
steps outlined earlier in section II: the financial report, the public survey, the determination of users and
need, the appraisal determination of value for revenue generation, and the presentation of data and public
election.
The entire document is available to the public at city hall.
FOR MORE INFORMATION CONTACT
SCOTT DAVIS 752-1523
3