Reardon/KGEZ Radio Station TowersMontana Department of Transportation David A. cart. Director
2701 Prospect Avenue Judy Martz, Governor
PO Box 201001
Helena MT 59620-1001
February 24, 2003
Mr. Fred Leistiko
Kalispell City Council
132 Buffalo Stage Road
Kalispell, MT 59901
Subject: KGEZ Radio Station Towers
Dear Mr. Leistiko,
I'm sorry I was unable to attend the meeting at the Peccia offices last Thursday, Feb.
20th. Unfortunately my involvementwith the legislature is such that I do not spend much
time in my office. At any rate, I am appreciative of the information you shared with
Carol Grell Morris of my staff concerning the towers of KGEZ in Kalispell.
As I understand it, based on the engineering report of Peccia Engineering, your position
is that the station towers violate the height restrictions set forth in 67-5-201, MCA.
According to Carol, as a member of the city council you will make a decision as to
whether to bring this matter to the full council for a determination of a course of action.
Based on my discussions with Carol, it appears that under 67-5-211, MCA, it is up to the
city, as owners of the airport, to enforce the statutes regarding height restrictions. I'm
sure you will present this to the city attorney for his review but as I see it, the
enforcement is a mandatory obligation of the city as airport owner, and not the state.
This newly raised legal issue does create a significant problem for MDT. We have been
negotiating with the owner of the radio station and his attorney for well over a year
regarding a condemnation action pending in the district court in Kalispell. The
negotiation concerns the radio station building itself; as this small parcel is directly
affected by the new right of way. However, the negotiation did not address the radio
towers, as they are not directly affected by the new right of way line.
We have in fact, reached a settlement in principle on the necessary right of way
acquisition, including financial agreement that may be totally obviated by this recent turn
of events regarding the towers. Both the property owner and his counsel as well as the
department reached their agreement after extensive good faith efforts. To have the tower
height issue raised at this point is an extremely serious issue for us. We certainly do not
want to settle the department's litigation regarding the station if the towers, on which the
station depends, are to be removed as violating state law. MDT is also unable to include
the towers in its acquisition negotiations, as they are not within the right of way.
Legal Services Unit Web Page: wwwmdt.state.mt.us
Phone: (406) 444-7277 An Equal Opportunity Employer Road Report. (800) 226-7623
Fax (406) 444-7206 TTY.- (800) 335-7592
February 24, 2003
Mr. Fred Leistiko
Page 2
We are very grateful that you have brought this matter to light. However, I am hopeful
that the city will act to make a decision on this issue as soon as possible. Neither the
department nor the station owners wish to delay this matter. I am obliged to bring this
situation to the attention of the attorney for the station and will do so by copy of this
letter.
Very truly yours,
Timothy W. Reardon
Chief Counsel
Telephone: (406) 444-6302
Email: treardon@state.mt.us
copy: Mr. Wade DaHood