Unknown/Approve PlanIn 2004 this Council made a maYior decision regarding the future of the Kalispell
City Airport. The Council had several options to consider at that time and you chose to
upgrade, modernize and expand the airport. This was a monumental decision and it caTne
after a lot of discussion and public comment, And during the three years since that
decision I can assure you that my contacts with the public regarding the improvements at
the City Airport have been nothing but overy rhehningly positive.
The Council then decided in 2005 that the City should move forward and extend
the Airport Tax Increment District long enough to bond for the first phase of the
expansion. The expansion has been a huge success. Private investment in the airport over
the past two years is almost $1.5 Million, with several projects still on the drawing boards.
Red Eagle Aviation has expanded their facilities and 'invested hundreds of thousands of
dollars in their operations. The Hilton Hotel chose the airport site over several other sites
in the surrounding area because of the future expansion possibilities of the airport. We
have developed almost every square foot of the phase I expansion.
However, we must also remember that in January, 2000 the Federal Aviation
Administration advised the City of Kalispell in a letter to the City Manager that after
conducting an aeronautical study their determination was that the existing radio towers
(KGEZ), in their current configuration and height, are an obstruction to air navigation as
defined by Federal Aviation Regulation fart 77. for the existing runway and any proposed
new realignment of runway 1.3 - 31, The key words in this letter were that the towers
penetrate FAIL Part 77, horizontal surfaces of the existing runway.
All of the expansion plans and development plans aforementioned were
accomplished by this Council with the full knowledge of the fact that the City of Kalispell
would eventually have to mitigate the KGEZ towers. I must emphasize at this point that
these towers present a safety issue for users of the City Airport regardless of whether it is
expanded or not.
To understand the background of the towers versus the airport I would like to
review some historical facts. The airport was dedicated in 1929 and has been an active
airport ever since. The towers were built in 1954 approximately 1.8 miles south of the
airport. The towers were non -conforming when they were built and are still non-
conforming today. I learned years ago in the military that governments and municipalities
can sit on their rights for years and still exercise those rights several years later. A private
person might lose those rights if they sit by and do nothing, but, the government is
different. There are all sorts of reasons why previous city and county governments, over
the years, have not demanded that the towers be moved or torn down, However, just
because these towers have not yet caused injury or death to users of this public
transportation system is no excuse for allowing them to remain in protected airspace. Like
a sharp curve in a busy highway may not have been perceived 50 years ago, when it was
built, to be a significant problem, today we have a different situation. The significant
growth in the valley has also created significant growth in air traffic, both at the City
Airport and at Glacier Park International. It is understandable that Kalispell wants its
airport to meet FAA standards and certification. Therefore, it would seem to be legitimate
to now force a move of the radio towers.
You notice I said trove the towers. There has never been any intention by the City
to shut down this radio station. It is perhaps relevant at this time to note that all other
radio stations in the valley are remote from a studio miles away from their broadcast
towers. KGEZ is the only station. that 1 know of that is hardwired to their towers. There
has been a lot of communications between John. Stokes, the owner of KGEZ and the City
of Kalispell over the past several years. It began two weeks after Mr. Stokes bought the
station and the last communications was in August of 2006 when the City Manager
notified Mr. Stokes that the City was proceeding with a study by Hatfield and Dawson.
Broadcast Engineers and Consultants, to determine a path towards mitigating the towers.
In that letter the City Manager asked for Mr. Stoke's cooperation, and notified him that
the City was determined to correct the problem at no cost to Mr. Stones. Mr. Stoke's
response to all requests, etc. are a matter of public record for your review.
Since receiving the notification from. the City, Mr. Stokes has put his radio station
on the market for sale, so to speak. The sales ad states that Mr. Stores will sell six acres
of land along 93 South for the sum of $4 Million and an FCC licensed radio station comes
with the deal at no extra cost, I have a copy of that ad. There are several covenants that
go along with the sale, such as, you can not resell any part of the land to the adjacent
landowners.
We have recently reviewed the Hatfield and Dawson report and have come to the
following conclusions:
1. The most prudent and least expensive option would be to replicate the present
antenna system. at a -new location either northwest of Kalispell, southeast of Kalispell, or in
a small area east of Evergreen. There is plenty of land available to accomplish this. We
have already identified two excellent possibilities and have initiated talks with the owners.
There are several others that have come to our attention, but have not yet been fully
explored. Understand, that a new antenna system would greatly increase the value of Mr.
Stoke's radio station should he find an interested buyer.
2. Once the option on the land is signed, we will turn to Hatfield acid Dawson
again to evaluate the site and draw up the plans to build the system to FCC specifications.
3. Once the plans are done. we will approach Mr. Stokes with our plan. If he
agrees, we will ink the deal and proceed.
4. If Mr. Stokes rejects the proposal, we will take it to the District Court and ask
for condemriation of the current towers to be replaced with the new system. At no time
will we shut down the radio station. The new tower array will be built, tested, and
approved by the FCC. When everything is done, we will throw a switch and he will have a
new set of towers. The old towers wi11 become property of the City and will be removed.
Building in the appeal process to the State Supreme Court, we project having a final
decision one way of the other by the fall of 2009.
It is our opinion that we will prevail in this action due to the fact that the law is on
our side. but I will defer that discussion to the City Attorney.
We ask you to consider this proposal and bring it to a Grote of the City Council as
soon as possible. Thank You