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3. Resolution 4523 - Terminates Airport AuthorityREPORT TO: SUBJECT: of Kalispell, Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 Honorable Mayor and City Council Chris A. Kukulski, City Manager Resolution 4523 Repealing Resolution 4313. MEETING DATE: December 20, 1999 BACK GROUND: Over the past several months much discussion has revolved around the effectiveness of the Airport Authority (AA). The AA has not held a meeting since March of 1998. The attached Resolution 4523 designates the Kalispell City Airport as a department of the city under the direction of the Cit Manager. In addition, the resolution contemplates the continuation of the Airport Advisory Board (AAB), also at the discretion of the City Manager. After discussing this issue with both Gary Gates, Federal Aviation Administration(FAA), and Gib Bissell, AAB Chairman, I have concluded that there are very few negative impacts associated with making this change. My primary concern was that the FAA would view the change negatively, thus altering our ability to move forward with the airport renovations. Gary Gates assured me that there would be no impact on our airport project resulting from this change. The AAB also discussed the issue at its last meeting and felt comfortable with the changes. I have expressed to Gib and others on the AAB that I would appreciate there willingness to remain on the Board. For all intensive purposes the AAB will see no changes, as they will continue to help guide the future of the airport, however rather than reporting directly to the AA(City Council) they will work directly with the staff and City Manager. RECOMMENDATION: The City Council approve Resolution 4523 which eliminates the Airport Authority. FISCAL EFFECTS: None ALTERNATIVES: As suggested by the Council. Respectfully submitted, Chris A. Kukulski City Manager Report compiled December 17, 1999 RESOLUTION NO. 4523 A RESOLUTION REPEALING RESOLUTION NO. 4313 BY TERMINATING THE AIRPORT AUTHORITY CREATED THEREUNDER, AND ESTABLISHING THE KALISPELL CITY AIRPORT AS A DEPARTMENT OF THE CITY OF KALISPELL UNDER THE DIRECTION OF THE CITY MANAGER. WHEREAS, the City Council of the City of Kalispell by Resolution No. 4313, dated January 21, 1997, resolved, pursuant to § 67-11-102, MCA, to exercise all powers which may be granted to airport authorities under Title 67, Chapter 11, Montana Code Annotated, and WHEREAS, the Council has determined Council assumption of authority under Title 67, Chapter 11 has not been beneficial to the operation and development of the Kalispell City Airport, and WHEREAS, the Council believes that the Kalispell City Airport will operate more effectively as a department of the City subject to the direction and control of the City Manager, and WHEREAS, under § 2-29 N, Kalispell City Code, the City Manager has the authority to appoint members of temporary advisory committees established by the Manager, and WHEREAS, the Airport AdvisoryBoardcreated by Resolution No. 4313 may be reconstituted by the City Manager to aid said Manager in directing the operation of the Kalispell City Airport. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That Resolution No. 4313, wherein the City Council of the City of Kalispell resolved to exercise all powers granted under the "Airport Authorities Act" (Title 67, Chapter 11 Montana Code Annotated) and continued the Airport Advisory Board, is hereby repealed in its entirety. SECTION II. That the Kalispell City Airport is hereby designated as a Department of the City under the direction and control of the City Manager. SECTION III. All previous Resolutions conflicting with this Resolution are, likewise, repealed. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS DAY OF DECEMBER, 1999. Wm. E. Boharski Mayor Attest: Theresa White City Clerk RESOLUTION NO. 4313 A RESOLUTION OF THE CITY COUNCIL TO EXERCISE ALL POWERS GRANTED UNDER THE "AIRPORT AUTHORITIES ACT" (TITLE 67, CHAPTER 11, MONTANA CODE ANNOTATED) FOR THE PURPOSE OF OPERATING, MAINTAINING AND EXPANDING THE KALISPELL CITY AIRPORT, CONTINUING THE AIRPORT ADVISORY BOARD, AND ADOPTING THE AIRPORT BUSINESS PLAN, APPOINTING THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE, REPEALING RESOLUTION NO. 4274, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell owns, controls and operates a facility commonly known as the Kalispell City Airport, and WHEREAS, § 67-11-102, MCA authorizes a city council to exercise all powers granted to airport authorities under Title 67, Chapter 11, Montana Code Annotated until such -powers are conferred upon a municipal or regional airport authority, and WHEREAS, the City desires to develop the Kalispell City Airport and City property surrounding said Airport in accordance with the Kalispell City Airport Neighborhood Plan, adopted September 19, 1994, and WHEREAS, the City desires to obtain assistance from interested individuals with'a knowledge of aeronautics in order to operate, maintain and expand the Kalispell City Airport for the benefit of the City and the flying public, and WHEREAS, the City, once the Airport is developed in accordance with the Kalispell City Airport Neighborhood Plan, desires to create an independent Airport Authority, and WHEREAS, in order to develop the Airport it is necessary to have an authorized representative capable of acting on behalf of the Airport Authority, herein created. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the City Council hereby determines to exercise all powers . which may be granted to is\wp\clarair.wpd 1 airport authorities under Title 67, Chapter 11, Montana Code Annotated until such powers have been conferred to a municipal or regional airport authority. SECTION II. That the City Council hereby continues an Airport Advisory Board consisting of_ seven (7), who have an interest in and knowledge of aeronautics and municipal airports, appointed as follows: a) Three members who own real property within the City's Master Plan jurisdictional area, and b) Four members who own real property within the City limits of Kalispell. SECTION III. The Airport Advisory Board, continued hereby, shall be a citizen's advisory board to the City Council to aid the City in formulating City policy in matters pertaining to the airport and the adjacent City -owned property. SECTION Iv. The primary responsibility of the Board is to review existing and proposed City policies concerning the proposed improvements to the airport, options of maintenance and operation of the airport facility, creation of an airport authority, and options for utilizing surplus airport property in a manner supportive of the airport operation and further report their findings and recommendations to the City Council. SECTION-Y. That the City Manager of the City of Kalispell is hereby appointed as the designated representative for the Kalispell City Airport and shall undertake activities directed toward making said Airport a viable facility. SECTION VI. That the City Council by this Resolution agrees to review the Airport Business Plan as proposed by the Airport Advisory Board and implement said Plan, subject to amendments is\wp\clarair.wpd 2 made by the Council. All revenue generated through implementation of the Airport Business Plan shall be utilized for Airport maintenance and operations. SECTION VII. That Resolution No. 4274 is hereby repealed. SECTION Vlii. This Resolution shall take effect immediately upon passage. S+ PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, THIS 21 DAY OF 1997. (T " �L �� Doug as D. Rauthe - Mayor Attest: Debbie Gi , CMC Clerk of Council is\wp\clarair.wpd 3