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05/18/98 Gallagher/Nystul's Memo re: Airport Authority Agendainteroffice M E M O R A N D U M To: Clarence W. Krepps, City Manager From: Lawrence Gallagher, PECDD Director Subject: Council Member Gary Nystul's May 6, 1998, Memorandum, Re: Airport Authority Agenda Date: May 18, 1998 CC: Kalispell City Airport - Project File You asked that I provide background information related to several items Council Member Gary Nystul has requested to be placed on the agenda of the next Airport Authority meeting. I will offer information regarding Items 1, 2, 4, and 5 of Council Member Nystul's May 6, 1998, Memorandum. 1. A report by the city manager on his actions, if any, from the direction of the authority at its last meeting for the manager to prepare ordinances for the protection of the clear spaces around the airport. Response: The PECDD/FRDO staff are ready to begin the process immediately to schedule the public notice and hearings for consideration of (i) a ZONING ORDINANCE TO LIMIT HEIGHT OF OBJECTS AROUND KALISPELL CITY AIRPORT, and (ii) an ORDINANCE FOR DESIGNATION OF AN AIRPORT INFLUENCE AREA FOR KALISPELL CITY AIRPORT. The proposed ordinances could go before the Planning Board for consideration at their July 14, 1998, meeting. The DRAFT ordinances can be reviewed by the Airport Advisory Board and staff starting this week if we are directed to do so. Copies of the DRAFT ordinances are attached to this Memo. History: In November 1997, the PECDD Planning & Zoning Administrator, Diana Harrison, and Narda Wilson, City Planner with FRDO, reviewed a DRAFT ORDINANCE FOR DESIGNATION OF AN AIRPORT INFLUENCE AREA FOR KALISPELL CITY AIRPORT, and a DRAFT ZONING ORDINANCE TO LIMIT HEIGHT OF OBJECTS AROUND KALISPELL CITY AIRPORT. The first deals with land use and the second with height of objects or building restrictions. The drafts were prepared from information provided by the Airport Master Plan Consultant, Clarence W. Krepps, City Manager Page 2 May 18, 1998 Morrison Maierle Inc. (M & M), and were modeled after airport influence zoning ordinances adopted by other Montana municipalities. During this same period, the City Council elected to proceed with a new Master Plan for the Kalispell City Airport which would comply with FAA's master plan requirements and include specific recommendations for what type (FAA standard) of general aviation airport Kalispell City would become. The M&M Master Plan study now underway will make specific recommendations on the type of airport, land use considerations and, more importantly, clearly identify runway protection and clear zone requirements for each alternative presented and the minimum FAA requirements to implement the final recommendation. For example, should M&M recommend that Kalispell City be redeveloped as a B2 - NPI (Nonprecision Instrument) Approach Zone Airport, their recommendation will include a detailed description of non-standard conditions, i. e., buildings or other objects that are located in or penetrating the ultimate transitional surface required to meet FAA standards for a safe airport that can qualify for federal funding. On the other hand, if the Council elects to stay with a simple 131 Visual general aviation designation, the impact on adjacent private and publicly owned real estate will be significantly less than the B2 - NPI approach designation. Staff reviewed these issues and the draft ordinances and after much discussion and I believe a recommendation from Glen Neier, concluded that any ordinance we would recommend to the City Council and Planning Board prior to completion of the Airport Master Plan would be premature. I have not reviewed the minutes of City Council/Airport Advisory Board meetings yet, but I recall general concurrences from both groups to delay any recommendations for restrictive airport use ordinances. I could be mistaken and Glen has not returned my calls for confirmation. There are several improvements on and adjacent to the airport that would penetrate the ultimate airport project approach zone if the B2 NPI standard is recommended and adopted. More than likely, the City would have to agree to acquire or clear the projection as part of receiving FAA funding. If an ordinance was adopted prematurely, the City could be forced to acquire private property rights through a negotiated "Just Compensation" taking or possibly in response to an inverse condemnation suit brought by a property owner unable to use or develop property under an airport zoning ordinance. On March 15, 1998, PECDD's Planning & Zoning Administrator went on maternity leave and will not return until June 15, 1998, and then only part time. We have been unsuccessful in finding a qualified temporary person to fill in while she is Clarence W. Krepps, City Manager Page 3 May 18, 1998 gone. The Building Department also has two vacant positions we have not been able to fill for several months so there is no staff time available to work on an airport zoning ordinance until the Master Plan process is complete. I am waiting for a return telephone call from M&M's project manager Tim Orthmeyer, with an estimate of what M&M would charge on an hourly basis to help us finalize proper ordinances to accomplish 61 Visual minimal zoning requirements so the review process could begin before the Master Plan is complete should the Council elect to do so. With some assistance from M&M, Narda Wilson can start work on the draft ordinance late this week, assuming the City Council agrees that the Kalispell City Airport will remain at least a B1 Visual general aviation field regardless of any recommendation to the contrary by M&M. Before proceeding, the Council should also ask Glen Neier for his recommendations. Note: At 3:30 p.m. today, Tim Orthmeyer, P.E. with M&M, called with his recommendation after consultation with John Morrison and the local FAA Engineer. He recommended that the City wait until the Master Plan is completed before enacting any airport zoning ordinance. In the event the City elects to proceed it should adopt zoning ordinances that contemplate and compliment an FAA B2-NPI airport. In other words, the most restrictive land use ordinance for areas on and adjacent to the Kalispell City Airport. 2. A report by the city manager on the need for the main runway to have a chip seal and if recommended its estimated cost and recommended time to do. At the present time and without the sale of two remaining Daley Field parcels, there is no money in the urban renewal project account for airport improvements. Unless Mike Baker has a maintenance account and has the work scheduled, I am not aware of a specific UR budget for the activity. Jim Hansz told me he recommended a $7,500 seal coat that would be a reasonable interim solution until the Council decides on what kind of airport it will be. I would suggest that we borrow the $7,500 from a City revolving fund and repay the amount from project income from future land sales or TIF payments. 4. A discussion by the Authority of the old dump site south of the airport presently being trespassed on that could be needed for airport expansion. I would recommend that the City Attorney and a designated staff person and/or the City Manager, meet with and formally notify the Swartzenberger Wrecking Yard operator of its encroachment on City owned property and attempt to collect rent Clarence W. Krepps, City Manager Page 4 May 18, 1998 for past years of use and also to serve legal notice they are to vacate the property within a specified period of time. During the meeting it should also be clear that the City will require that Swartzenberger conduct a complete Phase I and if required a Phase II environmental audit on all of the property it has encroached upon with its salvage/wrecking operation. The City could inherit and will ultimately be responsible for any contamination on the property and should take whatever legal action available to it to protect the City. The area should be an RPZ - object free zone and the City should require that it be cleared. The City Attorney should research the issues and advise the staff on how to proceed. south5. A discussion by the Authority on land acquisition and access issues on tha I(' ofthe runway. The intent is to give the manager• T tasks to be I ,I I •. Response: Ron Trippett owns most of the land in question and he has offered to trade or exchange this land for other City property (a copy of his November 3, 1997, Memo is attached). The staff has recommended that we proceed with the purchase of this land and budgeted to do so this year, however, recent action by the City Council refusing to authorize the sale of Daley Field means that there are no funds available to proceed with this acquisition. We await direction from the Council on how they would like to proceed and have always recommended that this land be purchased and controlled by the City of Kalispell/Airport Authority. If we do not do so now, the only hope is to impose its use restrictions through the zoning ordinances discussed in question 1 above.